Opinion
22740.
SUBMITTED JANUARY 12, 1965.
DECIDED FEBRUARY 4, 1965. REHEARING DENIED FEBRUARY 9, 1965.
Mandamus. Fulton Superior Court. Before Judge Tanksley.
Olon E. Scott, for plaintiff in error.
Eugene Cook, Attorney General, Richard L. Chambers, James H. Wood, Assistant Attorneys General, contra.
This petition shows that the petitioner was an employee of the State Highway Department who, after a leave of absence because of illness, was refused the identical position when she returned for work. It also alleges an appeal to the Merit System Council but is silent as to what judgment was rendered on appeal. Since the relief sought is a writ of mandamus ordering the State Highway Department to restore her to her former position, it fails for the reason that it shows that the administrative remedy available to her has not been exhausted. There is shown no clear duty to thus restore her, and this is fatal to a petition for mandamus. Accordingly, the trial court did not err in sustaining the demurrer to the petition. Lindsey v. Board of Commissioners, 169 Ga. 368 ( 150 S.E. 261); Wofford v. Porte, 212 Ga. 533 ( 93 S.E.2d 690); Wofford v. City of Gainesville, 212 Ga. 818 ( 49 S.E.2d 490); O'Callahan v. Aikens, 218 Ga. 46 (3) ( 126 S.E.2d 212); Solomon v. Brown, 218 Ga. 508 ( 128 S.E.2d 735); Scott v. Undercofler, 108 Ga. App. 460 ( 133 S.E.2d 444).
Judgment affirmed. All the Justices concur.