In the case of any person who is entitled to be restored to a position in accordance with §§ 8-33-101 - 8-33-108, if the commissioner of human resources finds that:(1) The department or agency with which such person was employed immediately prior to such person's entry upon training and service aforementioned is no longer in existence and its functions have not been transferred to any other agency; or(2) For any reason it is not feasible for such person to be restored to such department or agency, the commissioner shall determine whether or not there is a position in any other department or agency of the same public employer for which such person is qualified and which is either vacant or held by a person having a temporary appointment thereto. In any case in which the commissioner determines that there is such a position, such person shall be restored to such position by the department or agency in which such position exists.Acts 1951, ch. 112, § 2 (Williams, § 1034.74); impl. am. Acts 1959, ch. 9, § 4; impl. am. Acts 1961, ch. 97, §§ 2, 4; T.C.A. (orig. ed.), § 8-3303; Acts 2007, ch. 60.
Tennessee Legal Code