Blake v. Pennsylvania Civil Service Commission

A former West Point cadet could not qualify for veterans’ preference on applications for Commonwealth civil service jobs. Appellee Scott Blake attended West Point for three years, but did not graduate, was not obliged to perform any military service, and was honorably discharged prior to his third year. The Pennsylvania Civil Service Commission informed Blake he did not qualify for the preference because his time at West Point was not “creditable as ‘time in service.’” Blake maintains the CSC had made an erroneous determination and cited two federal statutory provisions as evidence that cadet time is considered both “active duty,” and “active service.” After reviewing the relevant statutory language, the Pennsylvania Supreme Court concluded the General Assembly did not intend to bestow a veterans’ preference to someone who was a cadet at a military academy, but never obligated himself to perform, or otherwise undertook, any subsequent military service. View "Blake v. Pennsylvania Civil Service Commission" on Justia Law