In State ex rel. Kabatek v. Stackhouse (1981), 66 Ohio St.2d 64, 419 N.E.2d 877, Relator Joseph Kabatek's layoff was disaffirmed, and he was ordered reinstated to his former position. No appeal of the reinstatement order was taken to the common pleas court. When he returned to work, he was placed in a different position. He was subsequently laid off while working in the second position. The SBPR affirmed the layoff from the second position. Kabetek appealed the decision regarding the second position to the Common Pleas Court. While the appeal was pending, Kabetek filed a Petition for Writ of Mandamus in the Court of Appeals relative to the failure of his employer to reinstate him to the first position. The Court of Appeals dismissed the mandamus action because of the pending appeal regarding the second position layoff. The Supreme Court held the appellate court's consideration of the appeal from the second layoff was erroneous. Additionally, the Supreme Court held mandamus was proper for Kabetek to obtain reinstatement and back pay for the first position.