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The officer or employee may make application in person, or in writing, to the department head or appointing or managing authority of the state unit, for re-establishment in the former office or employment and it is the mandatory duty of said officer to re-employ and reinstate the applicant in the former office or employment, or one of like seniority, status and pay, within 31 days after the date of application, at which date the applicant shall be entitled to the emoluments of the position, unless employed or reinstated prior thereto, nor shall a reduction in personnel or budget of the department or unit concerned, if still existing, affect or deny to the person, his former or a similar position, and regardless of any limitation on the number of employees of the unit or department, these persons shall be re-employed.

A person restored to a position or office under the provisions of La. Rev. Stat. 42:401 and 42:402 shall not be discharged from the position without cause, within one year after restoration.