B-152641, NOV. 15, 1963
Highlights
IN WHICH WE ARE REQUIRED BY LAW TO HOLD THAT YOU ARE INDEBTED TO THE GOVERNMENT FOR THE DIFFERENCE BETWEEN COMPENSATION AT THE MINIMUM RATE OF GRADE GS-4 AND THE COMPENSATION YOU WERE PAID BASED ON THE MAXIMUM SCHEDULED RATE OF THAT GRADE FOR THE PERIOD AUGUST 20. FOR THE REASONS STATED IN THAT DECISION YOU ARE INDEBTED FOR THE EXCESS COMPENSATION PAID. OUR OFFICE IS AUTHORIZED TO SETTLE CASES ONLY IN STRICT ACCORDANCE WITH THE APPLICABLE LAW. WE HAVE NO AUTHORITY TO WAIVE COLLECTION OF ANY AMOUNTS LEGALLY DUE THE GOVERNMENT ON THE BASIS OF SUCH CONSIDERATIONS.
B-152641, NOV. 15, 1963
TO MRS. ANNA B. JARVIS, DEPARTMENT OF AGRICULTURE:
WE REFER TO YOUR LETTER OF OCTOBER 14, 1963, CONCERNING THE REQUEST FOR DECISION SUBMITTED TO US BY MR. R. W. BRANNON, AN AUTHORIZED CERTIFYING OFFICER IN THE AGRICULTURAL MARKETING SERVICE, DEPARTMENT OF AGRICULTURE.
WE ENCLOSE A COPY OF OUR DECISION OF TODAY TO MR. BRANNON, IN WHICH WE ARE REQUIRED BY LAW TO HOLD THAT YOU ARE INDEBTED TO THE GOVERNMENT FOR THE DIFFERENCE BETWEEN COMPENSATION AT THE MINIMUM RATE OF GRADE GS-4 AND THE COMPENSATION YOU WERE PAID BASED ON THE MAXIMUM SCHEDULED RATE OF THAT GRADE FOR THE PERIOD AUGUST 20, 1962, TO MAY 19, 1963. FOR THE REASONS STATED IN THAT DECISION YOU ARE INDEBTED FOR THE EXCESS COMPENSATION PAID, OUR OFFICE IS AUTHORIZED TO SETTLE CASES ONLY IN STRICT ACCORDANCE WITH THE APPLICABLE LAW, IT HAS NO AUTHORITY OR JURISDICTION TO DECIDE CASES SOLELY ON THE BASIS OF EQUITABLE OR MORAL CONSIDERATIONS. FURTHERMORE, WE HAVE NO AUTHORITY TO WAIVE COLLECTION OF ANY AMOUNTS LEGALLY DUE THE GOVERNMENT ON THE BASIS OF SUCH CONSIDERATIONS.
PROPOSED LEGISLATION HAS BEEN INTRODUCED TO GIVE US AUTHORITY TO CONSIDER MATTERS OF EQUITY, GOOD CONSCIENCE AND HARDSHIP IN CASES BEFORE US; HOWEVER, SUCH PROPOSED LEGISLATION HAS NOT BEEN ENACTED INTO LAW AND IN THE ABSENCE THEREOF THE LEGAL CONCLUSION MUST BE CONTROLLING.