Higher Classification Appointment Than Employee's Original Position
In Pinion v. State Personnel Board (1938) and Allen v. State Board of Equalization (1941), employees who were performing work at a higher level than their assignments sought to be appointed to the higher classification. the courts refused.
"If the appointing power could, by assigning duties of a higher nature to an employee, and the State Personnel Board could, by classifying those duties to a higher class than that of the employee's original position, give to an employee a permanent civil service status, the entire fabric of the civil service system would fail.
Promotion and appointments in civil service would then no longer be made 'exclusive under a general system based upon merit, efficiency and fitness as ascertained by competitive examination.' " (Pinion v. State Personnel Board, supra, 29 Cal. App. 2d at p. 319; Allen v. State Board of Equalization, supra, 43 Cal. App. 2d at pp. 93-94.)