Section 102. Court proceedings

1. Action  to  restrain  illegal payment of
  salary or compensation.   Any taxpayer as  defined  in  subdivision  two
  hereof  shall  have the right to bring an action in the supreme court to
  declare illegal or restrain payment of salary  or  compensation  to  any
  person  appointed  to  or  holding  any  office,  place or employment in
  violation of any of the constitutions or provisions of this chapter, and
  such right shall not be limited or denied by reason  of  the  fact  that
  said  office,  place  or  employment  shall  have been classified as, or
  determined to be, not  subject  to  competitive  examination;  provided,
  however,  that  any  judgment  or injunction granted or made in any such
  action shall be prospective only, and shall not affect payments  already
  made  or  due  to  such  persons  by  the  proper disbursing officers in
  accordance with the civil service rules in force at  the  time  of  such
  payments.
    2.  Action  to  recover sums illegally paid from appointing and fiscal
  officers. Any sums paid  contrary  to  the  provisions  of  section  one
  hundred of this chapter may be recovered from any officer or officers by
  whom  the  person  or  persons  receiving  the  same  were  appointed in
  violation of the provisions of law and of the rules made in pursuance of
  law, or any officer signing or countersigning or authorizing the signing
  or countersigning of any warrant for the payment of the same,  and  from
  the  sureties  on  the  official  bond of such officer or officers in an
  action in the supreme court maintained by  a  citizen  resident  of  the
  state,  who  is  assessed  for  and is liable to pay, or within one year
  before the commencement of the action has paid a tax therein, or by  the
  state civil service commission or the municipal civil service commission
  having  jurisdiction. It shall be the duty of the attorney general or of
  the appropriate law officer of the civil division wherein such sums were
  illegally paid, to prosecute such action upon the request of  the  state
  civil  service  commission  or department or the municipal civil service
  commission having jurisdiction as the case may be. All moneys  recovered
  in  any  such action shall, when collected, be paid into the treasury of
  the state or the civil division, as the case may be, except that if such
  action is maintained by a taxpayer, he shall be entitled to receive  for
  his own use the taxable costs of such action.
    3.  Action  to  enjoin  violation  of the civil service law. The state
  civil service commission  or  the  municipal  civil  service  commission
  having  jurisdiction,  as the case may be, may maintain an action in the
  supreme court to enjoin any violation of the civil service  law  or  the
  rules  established  thereunder, and for such incidental relief as may be
  necessary. It shall be the duty of  the  attorney  general,  or  of  the
  appropriate  law  officer  of  the civil division wherein such violation
  occurs, as the case may be, to commence and maintain  such  action  upon
  the request of the state civil service commission or the municipal civil
  service commission having jurisdiction, as the case may be.