(A) A town employee returning from military leave without pay shall be entitled to restoration to a position in the classified service of the town, provided that he makes application within forty days after the date of his release from duty or hospitalization continuing after release for not more than one year, that his discharge is under honorable conditions, and that he is physically and mentally capable of performing the duties of the position involved.
(B) Any such returning employee shall normally be restored to the position which he vacated upon entering the military service. In the event that the vacated position no longer exists at the time he qualifies for return to work, such person shall be entitled to be reemployed in another existing position of the same class specification; provided, that such reemployment does not necessitate the laying off of another person with greater seniority as of the date the returning employee was placed upon military leave without pay.
('73 Code, § 7-51)