Reagan

brought a proceeding in certiorari in the superior court for the purpose of obtaining a judgment annulling an order made by the civil service commissioners, approving the appointment theretofore temporarily made by the board of public works, of one P. Broderick to the position of superintendent of street repairs.

Plaintiff’s interest in the matter is based on the claim that the position of superintendent of street repairs is the same as superintendent of stone pavements, to which position he was entitled to be appointed when vacant as being first in the list of eligibles on the civil service list, and that the creation of the office of superintendent of street repairs by the board of public works was a subterfuge.

Plaintiff succeeded in obtaining a judgment annulling the order made by the civil service commissioners approving the temporary appointment of Broderick.

We think this judgment should be reversed. While the charter makes provision for a classified civil service, and lists of eligibles from which permanent appointments must be made, it also provides for temporary appointments good for sixty days only.

Section 10 of article XIII of the charter is as follows: “To…