B-142574, JUL. 26, 1960
Highlights
DURING WHICH PERIOD YOU WERE REMOVED FROM YOUR POSITION AS CLERK- STENOGRAPHER WITH THE DEPARTMENT OF THE AIR FORCE AT AN OVERSEAS LOCATION. SHORTLY AFTER YOU WERE RESTORED TO DUTY WITH THE DEPARTMENT OF THE AIR FORCE. YOU WERE CONVERTED FROM AN "OVERSEAS LIMITED" TO A "CAREER CONDITIONAL" EMPLOYEE WITH A COMPETITIVE CIVIL SERVICE STATUS. YOU EXPRESS THE VIEW THAT THERE WAS DELAY ON THE PART OF THE CIVIL SERVICE COMMISSION IN DETERMINING YOUR ELIGIBILITY FOR A COMPETITIVE POSITION. THAT YOU WERE ELIGIBLE FOR AND SHOULD HAVE BEEN CERTIFIED AS HAVING A COMPETITIVE STATUS BEFORE YOUR SEPARATION WAS EFFECTED. THAT YOU WOULD HAVE BEEN ENTITLED TO BACK PAY HAD THERE BEEN NO DELAY IN RATING YOU AS ELIGIBLE FOR A COMPETITIVE POSITION IN THE CLASSIFIED CIVIL SERVICE.
B-142574, JUL. 26, 1960
TO MRS. MADELINE J. GOLEM:
THIS REFERS TO YOUR LETTER OF JUNE 29, 1960, WITH ENCLOSURES, FURTHER REGARDING YOUR CLAIM FOR BACK PAY ALLEGED TO BE DUE FROM APRIL 29 TO JULY 8, 1959, DURING WHICH PERIOD YOU WERE REMOVED FROM YOUR POSITION AS CLERK- STENOGRAPHER WITH THE DEPARTMENT OF THE AIR FORCE AT AN OVERSEAS LOCATION.
YOU REFER TO YOUR ORIGINAL LETTER DATED DECEMBER 7, 1959, WHEREIN YOU ALLEGE THAT YOUR FAILURE TO OBTAIN A COMPETITIVE STATUS PRIOR TO APRIL 29, 1959, RESULTED FROM "NEGLIGENT AND INEFFICIENT ADMINISTRATIVE PROCEDURES" ON THE PART OF THE CIVIL SERVICE COMMISSION.
WE NOTE THAT DURING THE EARLY PART OF 1959 YOU TOOK A CIVIL SERVICE EXAMINATION FOR THE POSITION OF STENOGRAPHER-TYPIST AND RECEIVED A NUMERICAL RATING QUALIFYING YOU FOR AN APPOINTMENT IN THE CLASSIFIED (COMPETITIVE) CIVIL SERVICE. SHORTLY AFTER YOU WERE RESTORED TO DUTY WITH THE DEPARTMENT OF THE AIR FORCE, YOU WERE CONVERTED FROM AN "OVERSEAS LIMITED" TO A "CAREER CONDITIONAL" EMPLOYEE WITH A COMPETITIVE CIVIL SERVICE STATUS. YOU EXPRESS THE VIEW THAT THERE WAS DELAY ON THE PART OF THE CIVIL SERVICE COMMISSION IN DETERMINING YOUR ELIGIBILITY FOR A COMPETITIVE POSITION; THAT YOU WERE ELIGIBLE FOR AND SHOULD HAVE BEEN CERTIFIED AS HAVING A COMPETITIVE STATUS BEFORE YOUR SEPARATION WAS EFFECTED, AND THAT YOU WOULD HAVE BEEN ENTITLED TO BACK PAY HAD THERE BEEN NO DELAY IN RATING YOU AS ELIGIBLE FOR A COMPETITIVE POSITION IN THE CLASSIFIED CIVIL SERVICE.
IN PARAGRAPH 2 OF YOUR LETTER, YOU INQUIRE AS TO WHETHER OUR OFFICE HAS JURISDICTION IN REVIEW AND GRANT AN EMPLOYEE RETROACTIVE PAY IN THE EVENT THAT CIRCUMSTANCES WERE UNUSUAL OR METHODS USED WERE PREJUDICIAL OR UNFAIR.
AS YOU WERE PREVIOUSLY ADVISED WHEN A NONVETERAN EMPLOYEE IS ERRONEOUSLY REMOVED FROM THE GOVERNMENT SERVICE WHILE OCCUPYING AN EXCEPTED POSITION-- - NOT IN THE CLASSIFIED CIVIL SERVICE--- THERE IS NO LAW OR REGULATION AUTHORIZING COMPENSATION TO BE PAID FOR THE PERIOD OF SUCH REMOVAL. OUR OFFICE, OF COURSE, HAS NO AUTHORITY TO ALLOW ANY CLAIM NOT AUTHORIZED BY LAW. YOU ARE ADVISED, ALSO, THAT IT IS THE RESPONSIBILITY OF THE UNITED STATES CIVIL SERVICE COMMISSION TO DETERMINE WHEN AN INDIVIDUAL IS ELIGIBLE FOR A COMPETITIVE STATUS AND ENTITLED TO AN APPOINTMENT IN THE CLASSIFIED CIVIL SERVICE. MOREOVER, THE CIVIL SERVICE COMMISSION IS VESTED WITH FULL AUTHORITY AND RESPONSIBILITY TO DETERMINE WHETHER A PARTICULAR POSITION IS OR SHOULD BE IN THE COMPETITIVE SERVICE, AND WHETHER AN INDIVIDUAL HAS A COMPETITIVE STATUS OR HAD THE EXPERIENCE AND TRAINING NECESSARY TO BE ELIGIBLE FOR AN APPOINTMENT TO A PARTICULAR CLASSIFIED POSITION. OUR OFFICE IS WITHOUT AUTHORITY TO REVIEW OR QUESTION PURELY ADMINISTRATIVE FUNCTIONS OF THE CIVIL SERVICE COMMISSION.
IN THE CIRCUMSTANCES, THE ACTION HERETOFORE TAKEN UPON YOUR CLAIM IS FOUND CORRECT, AND THE SETTLEMENT OF MARCH 21, 1960, IS SUSTAINED.