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  5. 28 Pa.Commw. 403 (1977)
 

SCUOTEGUAZZA v. PennDOT.

Nos. 495, 499, 669, 680, 879, 890 and 1121 C.D. 1976.

28 Pa.Commw. 403 (1977)

Peter L. Scuoteguazza, Appellant v. Commonwealth of Pennsylvania, Department of Transportation. Howard Alan Bush et al., Appellants v. Commonwealth of Pennsylvania, Department of Transportation. Council 13, American Federation of State, County & Municipal Employees, AFL-CIO, Intervening Appellee. George D. Truax, Appellant v. Commonwealth of Pennsylvania, Department of Transportation. Fred M. Wible, Appellant v. Commonwealth of Pennsylvania, Department of Transportation. R.M. Bufalini, Gary Hayden and Kenneth A. Sharp, Appellants v. Commonwealth of Pennsylvania, Department of Transportation. John P. McCluskey et al., Appellants v. Commonwealth of Pennsylvania, Department of Transportation. George P. Hunt, Appellant v. Commonwealth of Pennsylvania, Department of Transportation.

Commonwealth Court of Pennsylvania.

January 31, 1977

Attorney(s) appearing for the Case

Stuart W. Benson, III, for appellant, Scuoteguazza.

Robert L. Webster, with him Webster & Hallal, for appellants, Bush, Coles, Cunningham, Heffran, Law, McDade, Panone, Spaw, Bufalini, Hayden, Sharp, and Hunt.

Newton C. Taylor, with him Robert B. Stewart, III, for appellants, Truax and Wible.

Laurence B. Seaman, for appellant, McCluskey, et al.

Howard M. Snyder, Deputy Attorney General, with him J. Justin Blewitt, Jr., Deputy Attorney General, and Robert P. Kane, Attorney General, for appellee.

Richard Kirschner, with him Neal Goldstein, and Markowitz & Kirschner, for intervening appellee.

Argued December 8, 1976, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION RY JUDGE ROGERS, January 31, 1977:

The appellants were regular status civil service employees of Pennsylvania's Department of Transportation (PennDOT) who were furloughed by PennDOT assertedly for lack of work. Section 951(a) of the Civil Service Act, Act of August 5, 1941, P.L. 752, as amended, 71 P.S. § 741.951(a), provides that any regular employee furloughed by the appointing authority may appeal to the Civil Service Commission which "shall...

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