B-147203, FEB. 7, 1963
Highlights
CONCERNING YOUR CLAIM FOR A LUMP SUM SETTLEMENT IN LIEU OF ANNUAL LEAVE WHICH YOU BELIEVE IS DUE YOU INCIDENT TO YOUR EMPLOYMENT WITH THE UNITED STATES COURT OF CLAIMS. YOUR CLAIM WAS DISALLOWED BY OUR DECISION OF JANUARY 7. THAT THE ACCOUNTING OFFICERS OF THE GOVERNMENT ARE NOT REQUIRED OR AUTHORIZED TO CERTIFY FOR PAYMENT CLAIMS OF DOUBTFUL VALIDITY LEAVING THE CLAIMANT TO HIS REMEDY IN THE COURTS. ALTHOUGH THOSE DECISIONS WERE RENDERED BEFORE THE GENERAL ACCOUNTING OFFICE WAS ESTABLISHED BY THE BUDGET AND ACCOUNTING ACT. THEY RELATE TO THE ACCOUNTING OFFICERS' FUNCTION OF SETTLING CLAIMS AGAINST THE UNITED STATES WHICH WAS PLACED IN THIS OFFICE (31 U.S.C. 71) WITHOUT SUBSTANTIAL CHANGE IN THE LANGUAGE OF SECTION 236.
B-147203, FEB. 7, 1963
TO MR. EUGENE C. SAUER:
WE REFER TO YOUR LETTER OF JANUARY 18, 1963, CONCERNING YOUR CLAIM FOR A LUMP SUM SETTLEMENT IN LIEU OF ANNUAL LEAVE WHICH YOU BELIEVE IS DUE YOU INCIDENT TO YOUR EMPLOYMENT WITH THE UNITED STATES COURT OF CLAIMS.
YOUR CLAIM WAS DISALLOWED BY OUR DECISION OF JANUARY 7, 1963, E 147203, TO YOU, UNDER THE RULE STATED IN LONGWILL V. UNITED STATES, 17 CT.CL. 288, 291 (1881), AND CHARLES V. UNITED STATES, 19 CT.CL. 316, 319 (1884), THAT THE ACCOUNTING OFFICERS OF THE GOVERNMENT ARE NOT REQUIRED OR AUTHORIZED TO CERTIFY FOR PAYMENT CLAIMS OF DOUBTFUL VALIDITY LEAVING THE CLAIMANT TO HIS REMEDY IN THE COURTS. ALTHOUGH THOSE DECISIONS WERE RENDERED BEFORE THE GENERAL ACCOUNTING OFFICE WAS ESTABLISHED BY THE BUDGET AND ACCOUNTING ACT, 1921, THEY RELATE TO THE ACCOUNTING OFFICERS' FUNCTION OF SETTLING CLAIMS AGAINST THE UNITED STATES WHICH WAS PLACED IN THIS OFFICE (31 U.S.C. 71) WITHOUT SUBSTANTIAL CHANGE IN THE LANGUAGE OF SECTION 236, REVISED STATUTES. THEREFORE, WE HAVE CONTINUED TO BE GOVERNED BY THE PRINCIPLE EXPRESSED IN THOSE CASES.
WE HAVE CAREFULLY CONSIDERED THE ARGUMENTS WHICH YOU PRESENT IN YOUR LETTER OF JANUARY 18, BUT WE REMAIN OF THE OPINION THAT SUFFICIENT DOUBT AS TO YOUR ENTITLEMENT EXISTS SO AS TO REQUIRE US TO ADHERE TO THE DISALLOWANCE OF YOUR CLAIM UNDER THE PRINCIPLE OF THE LONGWILL AND CHARLES CASES.
YOU ASK THAT WE REFER YOUR CASE TO THE COURT OF CLAIMS UNDER THE PROVISION OF 28 U.S.C. 2510 (FORMERLY 28 U.S.C. 254). OUR AUTHORITY UNDER THAT SECTION HAS BEEN EXERCISED ONLY TO PROTECT THE INTERESTS OF THE GOVERNMENT IN CASES IN WHICH IT IS NECESSARY TO DETERMINE EITHER THE RIGHTS OF VARIOUS CLAIMANTS TO A SUM OF MONEY DUE OR THE EXACT AMOUNT DUE A CLAIMANT WHO HAS A VALID CLAIM.
FOR THE REASONS STATED YOUR CLAIM IS AGAIN DISALLOWED, AND NO ACTION WILL BE TAKEN BY OUR OFFICE UNDER 28 U.S.C. 2510 WITH REGARD TO IT. ..END :