B-126033, DEC. 30, 1955
Highlights
GERTRUDE WISOTZKY: REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 21. YOUR CLAIM WAS DISALLOWED BY SETTLEMENT DATED OCTOBER 17. FOR THE REASON THAT NO ACTION WAS TAKEN BY THE ADMINISTRATIVE OFFICE PURSUANT TO THE ACT OF JUNE 5. YOUR RATE OF COMPENSATION WAS INCREASED TO $2. 750 PER ANNUM BUT SUCH RATE WAS NOT SUBSEQUENTLY MADE RETROACTIVELY EFFECTIVE TO JULY 8. IT APPEARS TO BE YOUR CONTENTION THAT YOU WERE RATED AS A SATISFACTORY EMPLOYEE AND AS A RESULT THEREOF THAT YOU SHOULD BE ENTITLED TO RETROACTIVE ADJUSTMENT OF YOUR COMPENSATION. THE FACT THAT YOU WERE A SATISFACTORY EMPLOYEE WOULD NOT ALONE ENTITLE YOU TO AN INCREASE IN COMPENSATION. THE STATUTE REFERRED TO IS PERMISSIVE AND NOT MANDATORY AND REQUIRES AFFIRMATIVE ADMINISTRATIVE ACTION DIRECTING A RETROACTIVE INCREASE BEFORE SUCH INCREASE MAY BECOME EFFECTIVE.
B-126033, DEC. 30, 1955
TO MRS. GERTRUDE WISOTZKY:
REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 21, 1955, REQUESTING RECONSIDERATION OF THE ACTION OF OUR OFFICE IN DISALLOWING YOUR CLAIM FOR RETROACTIVE COMPENSATION AS AN EMPLOYEE OF THE SELECTIVE SERVICE SYSTEM.
YOUR CLAIM WAS DISALLOWED BY SETTLEMENT DATED OCTOBER 17, 1955, FOR THE REASON THAT NO ACTION WAS TAKEN BY THE ADMINISTRATIVE OFFICE PURSUANT TO THE ACT OF JUNE 5, 1952, 66 STAT. 101, 120, TO ADJUST YOUR SALARY RETROACTIVELY TO JULY 8, 1951.
THE RECORD SHOWS THAT YOU RECEIVED AN INDEFINITE APPOINTMENT APRIL 23, 1951, AS A CLERK-TYPIST (UNGRADED) AT THE CITY OF NEW YORK LOCAL BOARD NO. 38, BROOKLYN, NEW YORK. EFFECTIVE JANUARY 20, 1952, YOUR RATE OF COMPENSATION WAS INCREASED TO $2,750 PER ANNUM BUT SUCH RATE WAS NOT SUBSEQUENTLY MADE RETROACTIVELY EFFECTIVE TO JULY 8, 1951, AS AUTHORIZED-- - BUT NOT REQUIRED--- BY THE ACT OF JUNE 5, 1952.
IT APPEARS TO BE YOUR CONTENTION THAT YOU WERE RATED AS A SATISFACTORY EMPLOYEE AND AS A RESULT THEREOF THAT YOU SHOULD BE ENTITLED TO RETROACTIVE ADJUSTMENT OF YOUR COMPENSATION. THE FACT THAT YOU WERE A SATISFACTORY EMPLOYEE WOULD NOT ALONE ENTITLE YOU TO AN INCREASE IN COMPENSATION. THE STATUTE REFERRED TO IS PERMISSIVE AND NOT MANDATORY AND REQUIRES AFFIRMATIVE ADMINISTRATIVE ACTION DIRECTING A RETROACTIVE INCREASE BEFORE SUCH INCREASE MAY BECOME EFFECTIVE. NO ACTION WAS TAKEN ADMINISTRATIVELY TO INCREASE YOUR SALARY RETROACTIVELY AND YOUR CLAIM FOR SUCH INCREASE HAS BEEN ADMINISTRATIVELY DISAPPROVED. WE ARE WITHOUT AUTHORITY TO EXERCISE THE DISCRETION VESTED BY LAW IN THE SELECTIVE SERVICE SYSTEM AND ACCORDINGLY WE MAY NOT ALLOW THE RETROACTIVE SALARY CLAIMED.
IN VIEW OF THE FOREGOING, OUR SETTLEMENT OF OCTOBER 17, 1955, IS CORRECT AND UPON REVIEW IT MUST BE SUSTAINED.