B-154745, DEC. 3, 1964
Highlights
WE ADVISED YOU THAT THERE IS NO VESTED RIGHT IN AN EMPLOYEE UPON REEMPLOYMENT TO BE PAID THE HIGHEST SALARY RATE PREVIOUSLY PAID TO HIM. IT IS WITHIN THE ADMINISTRATIVE DISCRETION TO FIX THE INITIAL SALARY RATE AT THE MINIMUM SALARY OF THE GRADE TO WHICH APPOINTED. THIS OFFICE HAS PERMITTED RETROACTIVE ADJUSTMENTS OF SALARY RATES IN CERTAIN CASES WHERE BONA FIDE ERRORS HAVE OCCURRED IN FAILURES TO CARRY OUT WRITTEN ADMINISTRATIVE POLICIES OF A NONDISCRETIONARY NATURE OR IN COMPLYING WITH REGULATIONS HAVING A MANDATORY EFFECT. THE DEPARTMENT OF THE NAVY REPORTS THAT THE FIXING OF YOUR INITIAL SALARY AT STEP 1 OF THE APPROPRIATE GRADE WAS IN ACCORD WITH THE THEN EXISTING ADMINISTRATIVE POLICY RELATING TO ALL CIVILIAN PERSONNEL APPOINTED TO THE FIRE DEPARTMENT AND THAT NO ADMINISTRATIVE ERROR HAD BEEN COMMITTED.
B-154745, DEC. 3, 1964
TO MR. SOCRATES P. STAMATELAKY ET AL.:
THIS REFERS TO YOUR LETTERS DATED OCTOBER 15 AND OCTOBER 19, 1964, BEARING THE SIGNATURES OF SOCRATES P. STAMATELAKY, RUFINO D. DIONEDA, ARGUILITO N. ESTIMO, ARTEMIO P. AGBUNAG, MACARIO A. RAMOS, JR., CRESENCID G. PATNON, EUFROSINO P. FILOMENO, PEDRO S. GUTANA, MAXIMIANO R. AQUISAP, RODOLFO A. SILAPAN, PEPITO R. CRUZ, DANIEL O. GUEVARA, CORNELIO A. BELT RAN, FRANCISCO G. MAREPOSQUE, AND VICENTE Y. TOLERO AND REQUESTING REVIEW OF OUR DECISION OF AUGUST 10, 1964, SUSTAINING OUR OFFICE SETTLEMENTS WHICH DISALLOWED YOUR CLAIMS FOR RETROACTIVE ADJUSTMENT IN COMPENSATION AS EMPLOYEES OF THE U. S. NAVAL STATION, SUBIC BAY, PHILIPPINES.
IN OUR DECISION TO YOU OF AUGUST 10, 1964, B-154745, WE ADVISED YOU THAT THERE IS NO VESTED RIGHT IN AN EMPLOYEE UPON REEMPLOYMENT TO BE PAID THE HIGHEST SALARY RATE PREVIOUSLY PAID TO HIM, AND IT IS WITHIN THE ADMINISTRATIVE DISCRETION TO FIX THE INITIAL SALARY RATE AT THE MINIMUM SALARY OF THE GRADE TO WHICH APPOINTED.
THIS OFFICE HAS PERMITTED RETROACTIVE ADJUSTMENTS OF SALARY RATES IN CERTAIN CASES WHERE BONA FIDE ERRORS HAVE OCCURRED IN FAILURES TO CARRY OUT WRITTEN ADMINISTRATIVE POLICIES OF A NONDISCRETIONARY NATURE OR IN COMPLYING WITH REGULATIONS HAVING A MANDATORY EFFECT.
AS WE POINTED OUT IN OUR LETTER TO YOU OF AUGUST 10, 1964, THE ADMINISTRATIVE REGULATIONS APPLICABLE TO YOUR CLAIM (NCPI 195.3-3 AND SECTION 25.103 OF THE REGULATIONS OF THE U.S. CIVIL SERVICE COMMISSION) MERELY GRANTED DISCRETION TO ESTABLISH YOUR SALARY UPON REEMPLOYMENT AT THE HIGHEST RATE PREVIOUSLY PAID TO YOU. THE REGULATIONS DID NOT REQUIRE THAT YOUR SALARY BE FIXED AT YOUR HIGHEST PREVIOUS RATE NOR DID THERE EXIST AN ADMINISTRATIVE POLICY TO THAT EFFECT. ON THE CONTRARY, THE DEPARTMENT OF THE NAVY REPORTS THAT THE FIXING OF YOUR INITIAL SALARY AT STEP 1 OF THE APPROPRIATE GRADE WAS IN ACCORD WITH THE THEN EXISTING ADMINISTRATIVE POLICY RELATING TO ALL CIVILIAN PERSONNEL APPOINTED TO THE FIRE DEPARTMENT AND THAT NO ADMINISTRATIVE ERROR HAD BEEN COMMITTED.
THE FACT THAT OTHER CIVILIAN EMPLOYEES AT YOUR INSTALLATION MAY HAVE RECEIVED ADMINISTRATIVE ADJUSTMENTS OF THEIR SALARY RATES HAS NO LEGAL BEARING ON YOUR CLAIM. IN THAT REGARD, OUR RECORDS DO SHOW THAT IN OCTOBER 1957 THE ADMINISTRATIVE POLICY WAS CHANGED TO COMPLY WITH A TRI- SERVICE AGREEMENT TO CONSIDER THE HIGHEST PREVIOUS RATE IN FEDERAL SERVICE IN SELECTING STEP RATES FOR NEW APPOINTEES. THIS CHANGE WAS REFLECTED IN THE APPOINTMENT OF MR. CAJUSAY. SINCE WE HAVE FOUND NO VIOLATION OF A NONDISCRETIONARY POLICY OR REGULATION IN FIXING YOUR SALARY RATE UPON REEMPLOYMENT, THERE EXISTS NO LEGAL BASIS TO ALLOW YOUR CLAIM.
THEREFORE, WHILE WE FULLY APPRECIATE YOUR VIEWS IN THIS MATTER, WE ARE REQUIRED TO SUSTAIN OUR DECISION OF AUGUST 10, 1964, B-154745.