B-126033, FEB. 6, 1956
Highlights
IN OUR DECISION YOU WERE INFORMED THAT THE ACT OF JUNE 5. WAS PERMISSIVE AND NOT MANDATORY. YOU ASK WHY NO ACTION WAS TAKEN BY THAT AGENCY TO AUTHORIZE THE RETROACTIVE INCREASE IN YOUR SALARY. THE QUESTION IS ONE WHICH. HAD EXCLUSIVE JURISDICTION TO DETERMINE WHETHER YOUR SALARY SHOULD BE INCREASED RETROACTIVELY AND ITS ACTION IN YOUR CASE IS NOT REVIEWABLE BY OUR OFFICE. IS A LETTER FROM OUR OFFICE ADDRESSED TO YOU. IT IS ASSUMED THAT YOU RECEIVED THAT LETTER AS IT WAS NOT RETURNED TO OUR OFFICE BY THE POSTAL AUTHORITIES. IN RESPONSE TO YOUR QUESTION AS TO WHERE YOU MAY HAVE YOUR CASE REVIEWED YOU ARE ADVISED THAT THE DECISIONS OF OUR OFFICE ARE FINAL AND CONCLUSIVE UPON THE EXECUTIVE BRANCH OF THE GOVERNMENT AND THERE IS NO PROCEDURE PRESCRIBED FOR APPEALING FROM SUCH DECISIONS.
B-126033, FEB. 6, 1956
TO MRS. GERTRUDE WISOTZKY:
YOUR RECENT LETTER RAISES SEVERAL QUESTIONS CONCERNING OUR DECISION OF DECEMBER 30, 1955, B-126033, WHICH SUSTAINED THE DISALLOWANCE OF YOUR CLAIM FOR RETROACTIVE COMPENSATION AS AN EMPLOYEE OF THE SELECTIVE SERVICE SYSTEM.
IN OUR DECISION YOU WERE INFORMED THAT THE ACT OF JUNE 5, 1952, 66 STAT. 101, 120, WHICH AUTHORIZED RETROACTIVE INCREASES IN SALARY, WAS PERMISSIVE AND NOT MANDATORY. IT REQUIRED AFFIRMATIVE ACTION BY THE SELECTIVE SERVICE SYSTEM DIRECTING A RETROACTIVE INCREASE BEFORE SUCH AN INCREASE BECAME EFFECTIVE WITH REGARD TO ANY EMPLOYEE. YOU ASK WHY NO ACTION WAS TAKEN BY THAT AGENCY TO AUTHORIZE THE RETROACTIVE INCREASE IN YOUR SALARY. THE QUESTION IS ONE WHICH, AS POINTED OUT IN OUR DECISION, CAN BE ANSWERED ONLY BY THE SELECTIVE SERVICE SYSTEM. THAT AGENCY, AS YOUR EMPLOYER, HAD EXCLUSIVE JURISDICTION TO DETERMINE WHETHER YOUR SALARY SHOULD BE INCREASED RETROACTIVELY AND ITS ACTION IN YOUR CASE IS NOT REVIEWABLE BY OUR OFFICE.
THE SETTLEMENT OF OCTOBER 17, 1955, REFERRED TO BY YOU, IS A LETTER FROM OUR OFFICE ADDRESSED TO YOU, C/O BECKER, 91 WOODRUFF AVENUE, APT. 3A, BROOKLYN 26, NEW YORK, DISALLOWING YOUR CLAIM. IT IS ASSUMED THAT YOU RECEIVED THAT LETTER AS IT WAS NOT RETURNED TO OUR OFFICE BY THE POSTAL AUTHORITIES.
IN RESPONSE TO YOUR QUESTION AS TO WHERE YOU MAY HAVE YOUR CASE REVIEWED YOU ARE ADVISED THAT THE DECISIONS OF OUR OFFICE ARE FINAL AND CONCLUSIVE UPON THE EXECUTIVE BRANCH OF THE GOVERNMENT AND THERE IS NO PROCEDURE PRESCRIBED FOR APPEALING FROM SUCH DECISIONS. HOWEVER, YOUR ATTENTION IS CALLED TO THE PROVISIONS OF 28 U.S.C. 1436; ID. 1491, CONCERNING MATTERS COGNIZABLE IN THE DISTRICT COURTS OF THE UNITED STATES AND IN THE UNITED STATES COURT OF CLAIMS.