A-19054, AUGUST 29, 1927, 7 COMP. GEN. 157

A-19054: Aug 29, 1927

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IS NOT ENTITLED TO COMPENSATION FROM APPROPRIATED FUNDS FOR PERSONAL SERVICES FOR THE PERIOD DURING WHICH HE RENDERED NO SERVICE TO THE GOVERNMENT. 1927: THERE IS FOR CONSIDERATION BY THIS OFFICE THE CLAIM OF JOSEPH F. WAS NOTIFIED BY THE QUARTERMASTER AT THAT CAMP OF HIS FURLOUGH. YOU ARE HEREBY FURLOUGHED WITHOUT PAY FOR A PERIOD OF ONE YEAR AS CHIEF CLERK. UPON A PROTEST BY CLAIMANT AND OTHERS WHO WERE FURLOUGHED AT THE SAME TIME AN INVESTIGATION WAS HAD. FROM WHICH IT WAS DETERMINED THAT THE FURLOUGH OF CLAIMANT WAS NOT IN ACCORDANCE WITH THE CIVIL-SERVICE REGULATIONS. IN THAT CERTAIN EMPLOYEES JUNIOR TO HIM IN LENGTH OF SERVICE WERE RETAINED. HE WAS RECALLED TO DUTY APRIL 26. HE NOW CONTENDS THAT HE IS ENTITLED TO A SALARY FIXED FOR HIS POSITION FROM WHICH FURLOUGHED BECAUSE THE ISSUANCE OF HIS FURLOUGH DID NOT CONFORM WITH PARAGRAPH 54 OF THE REGULATIONS GOVERNING CIVIL EMPLOYEES OF THE QUARTERMASTER CORPS.

A-19054, AUGUST 29, 1927, 7 COMP. GEN. 157

COMPENSATION - FURLOUGH WITHOUT PAY AN EMPLOYEE FURLOUGHED WITHOUT PAY AND SUBSEQUENTLY RECALLED TO DUTY BEFORE EXPIRATION OF THE FURLOUGH, DUE TO IRREGULARITIES IN ITS ISSUANCE, IS NOT ENTITLED TO COMPENSATION FROM APPROPRIATED FUNDS FOR PERSONAL SERVICES FOR THE PERIOD DURING WHICH HE RENDERED NO SERVICE TO THE GOVERNMENT.

DECISION BY COMPTROLLER GENERAL MCCARL, AUGUST 29, 1927:

THERE IS FOR CONSIDERATION BY THIS OFFICE THE CLAIM OF JOSEPH F. READY FOR COMPENSATION AT THE RATE OF $2,200 PER ANNUM FOR THE PERIOD FROM JANUARY 1 TO APRIL 26, 1927, DURING WHICH HE RENDERED NO SERVICE PURSUANT TO A FURLOUGH WITHOUT PAY. BY LETTER DATED DECEMBER 22, 1926, CLAIMANT, WHO THEN HELD A POSITION AS CHIEF CLERK, QUARTERMASTER CORPS, UNITED STATES ARMY, AT CAMP DEVENS, SS., WAS NOTIFIED BY THE QUARTERMASTER AT THAT CAMP OF HIS FURLOUGH, AS FOLLOWS:

1. DUE TO REDUCED ACTIVITIES AT THIS STATION AND IN COMPLIANCE WITH PAR. 54, REG.GOV.CIV.EMP., Q.M.C., AS AMENDED BY CIRCULAR LETTER 86, O.Q.M.G., DEC. 6, 1926, YOU ARE HEREBY FURLOUGHED WITHOUT PAY FOR A PERIOD OF ONE YEAR AS CHIEF CLERK, Q.M.C., CAMP DEVENS, MASS., AT $2,200 PER ANNUM, EFFECTIVE AT THE CLOSE OF BUSINESS ON DECEMBER 31, 1926.

UPON A PROTEST BY CLAIMANT AND OTHERS WHO WERE FURLOUGHED AT THE SAME TIME AN INVESTIGATION WAS HAD, FROM WHICH IT WAS DETERMINED THAT THE FURLOUGH OF CLAIMANT WAS NOT IN ACCORDANCE WITH THE CIVIL-SERVICE REGULATIONS, IN THAT CERTAIN EMPLOYEES JUNIOR TO HIM IN LENGTH OF SERVICE WERE RETAINED, AND HE WAS RECALLED TO DUTY APRIL 26, 1927. HE NOW CONTENDS THAT HE IS ENTITLED TO A SALARY FIXED FOR HIS POSITION FROM WHICH FURLOUGHED BECAUSE THE ISSUANCE OF HIS FURLOUGH DID NOT CONFORM WITH PARAGRAPH 54 OF THE REGULATIONS GOVERNING CIVIL EMPLOYEES OF THE QUARTERMASTER CORPS, DATED APRIL 1, 1924, AS AMENDED BY CHANGES NO. 1, DATED JANUARY 5, 1925, AND BY CIRCULAR LETTER DATED DECEMBER 6, 1926, WHICH PROVIDED FOR THE FURLOUGH FOR ONE YEAR WITHOUT PAY OF SURPLUS EMPLOYEES, TO BE FURLOUGHED OR ONE YEAR WITHOUT PAY OF SURPLUS EMPLOYEES, TO BE FURLOUGHED OR RETAINED UPON THE BASIS OF THEIR SENIORITY OF SERVICE AND THEIR DEMONSTRATED EFFICIENCY, AN EMPLOYEE WITH LESS SERVICE TO BE SELECTED FOR FURLOUGH AS BETWEEN TWO EMPLOYEES WHOSE EFFICIENCY RECORDS WERE EQUAL.

IT DOES NOT APPEAR NECESSARY IN THIS CASE TO PASS UPON THE LEGALITY OF THE FURLOUGH OR THE AUTHORITY OF THE OFFICER ISSUING THE SAME. THE APPROPRIATIONS MADE BY THE CONGRESS FOR THE COMPENSATION OF CIVILIAN EMPLOYEES NECESSARILY CONTEMPLATE THE RENDITION OF SERVICE BY SUCH EMPLOYEES DURING THE PERIOD FOR WHICH COMPENSATION IS TO BE PAID, EXCEPT TO THE EXTENT THAT CONGRESS HAS AUTHORIZED LEAVES OF ABSENCE WITH PAY. THE FURLOUGH IN THIS CASE WAS BASED UPON THE DECREASED ACTIVITIES AT THE CAMP RESULTING IN SURPLUS EMPLOYEES. THE CLAIMANT'S SERVICES WERE EVIDENTLY NOT NEEDED DURING THE PERIOD IN QUESTION AND NO SERVICES WERE SHOWN TO HAVE BEEN RENDERED BY HIM. UNDER SUCH CIRCUMSTANCES ANY PAYMENT TO CLAIMANT FOR THE PERIOD IN QUESTION WOULD CONSTITUTE A GRATUITY FOR WHICH FUNDS APPROPRIATED FOR THE PAYMENT OF PERSONAL SERVICES ARE NOT AVAILABLE. SEE 20 COMP. DEC. 505; 23 ID. 149; A-17151, FEBRUARY 15, 1927.