Claim for Backpay

An employee appealed the action which denied her claim for backpay. The former employee had reinstatement rights through August 31, 1975, and was offered temporary employment with September 22, 1975, as the date of entry. In processing the employee's appointment 2 days before the expiration date of her reinstatement rights, the agency official erroneously believed that a job offer, before August 31, 1975, preserved the employee's reinstatement rights. After discovering the error, the agency requested permission from the Civil Service Commission (CSC) to keep the employee on duty until the expiration of her temporary appointment. CSC denied the request and ordered that she be terminated. Subsequently, the agency requested that CSC grant a variance to allow the employee to be reinstated to a career-conditional position. The request was approved, and the employee was informed that she did not receive credit for within-grade increases, leave, and backpay during the time between her termination and reinstatement because CSC had granted a waiver of its rules. Additionally, she was informed that she had no vested right to her position at the time of her appointment. On appeal, the employee contended that she was entitled to backpay under the Back Pay Act from the time of her separation until her restoration. The Act provides for restoration of pay and allowances when an employee is found to have undergone an unjustified or unwarranted personnel action. While it was clear that an administrative error occurred, it did not result from a violation of or improper application of the Act. GAO held that the action which caused a reduction in the employee's pay was her removal. This action was ordered by CSC and had not been determined to be erroneous. She was removed from her position because she should not have been appointed in the first place. Her reemployment was by a special exemption to rules otherwise applicable. Thus, she had not undergone an unwarranted or unjustified personnel action. Accordingly, the denial of her claim for backpay was sustained.