John F. Stauffer, Jr. v. City of San Antonio

Summary

The Texas Supreme Court held that Section 22a of Article 1269m gives a fireman a right to reinstatement if he is physically and mentally fit, and because the statute does not grant the Civil Service Commission authority to make the fitness determination, the trial court had jurisdiction to decide the issue and order reinstatement. The Court also declared the 1957 legislative amendment to Section 9 unconstitutional and void, and it reversed the Court of Civil Appeals while affirming the trial court’s judgment.