CHAPMAN, Justice.
Section 1 of Chapter 24619, Special Acts of 1947, Laws of Florida, authorized the appointing power of the City of Jacksonville to give employment to its former employee, who had retired or shall be retired in good standing. Such of the city's former employees as described by the terms of the Act were made eligible for re-employment, or they could be restored by the appointing authority in or to his or her former position or a position in the same class of service in the event of a vacancy without examination, as required by the civil service regulations of said city.
The appellant was a retired employee of the city and during the year 1947 was reemployed by the City of Jacksonville and assigned the same duties with the city as were performed by him when he retired in 1943. It appears that the appellant retired the second time as an employee of the city on December 1, 1950. In a mandamus proceeding filed in the Court below he contended that his compensation for the second period of employment (from 1947 until 1950) should "correspond to the pay of a Lieutenant of the Fire Department." It is not clear from the record the exact amount of monthly compensation that is claimed by the appellant, but the Court below dismissed the petition and the plaintiff appealed.
It is appellant's contention that the words " re-employed or restored to his or her former position or a position of the same class whenever a vacancy may occur without examination as required by the Civil Service" (emphasis supplied), as referred to in Section 1 of Chapter 24619, supra, should include an increase in the amount of the salary similar to the pay of a Lieutenant of the Fire Department of the city. An examination of the Act discloses that the Legislature failed to fix the compensation of the city's former employees when they were reemployed. Since the amount of compensation was not settled by the terms of the Act, it may be assumed that the Legislature intended that the amount of compensation of former employees would be adjusted by the employing authorities and the several employees at the time of his or her re-employment.
Affirmed.
TERRELL, Acting Chief Justice, ADAMS, J., and LEWIS, Associate Justice, concur.
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