HECTOR DURANTE, Claimant, v. STATE OF ILLINOIS, Respondent.
Case summary
Claimant sought back pay for a deficiency in salary due to a statutory provision for annual increases that was not accounted for in the appropriation. The court sustained the Attorney General's demurrer as a matter of law but, based on the director of labor's recommendation, awarded $1,500.00.
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Headnotes
- FEES & SALARIES-when award will be made. This case is controlled by OSCAR E. CARLSTROM, Attorney General; MERRILL F. WEHM-
Hector Durante presents a claim against the State on account of a deficiency in salary allotted to the Chief Inspector in the Division of Private Employment Agencies, in the Department of Labor, for deputy hire, said claimant being a deputy in said service. It appears that the General Assembly in making the appropriation for the salaries in question, did not take into consideration that the law enacted contains a provision as follows: "If the deputy inspector has served or hereafter serves more than one year, $100 shall be added to his salary for each year of service until a maximum salary of $3,000 is reached," and that no allowance for such increase in salary is made in the law.
The Attorney General of the State of Illinois has filed a demurrer, which is sustained, as a matter of law. [*303]
George B. Arnold, director of labor of the State of Illinois, has recommended that this deficiency be awarded to the employee.
We accordingly award to the claimant the sum of $1,500.00.