A-4884, OCTOBER 7, 1924, 4 COMP. GEN. 363

A-4884: Oct 7, 1924

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ARE REGULATIONS MADE IN PURSUANCE OF LAW AND MAY NOT BE WAIVED IN INDIVIDUAL CASES. YOU ARE AUTHORIZED TO APPOINT CARRIERS IN THE VILLAGE DELIVERY SERVICE AT AN ENTRANCE SALARY ABOVE $1. THE RULES AND REGULATIONS PRESCRIBED BY THE POSTMASTER GENERAL PURSUANT TO SAID PROVISION ARE SET FORTH IN THE POSTAL GUIDE ISSUED JULY. - THE SALARY OF VILLAGE CARRIERS IS FIXED BY CONGRESSIONAL LEGISLATION. THE SALARY IS INCREASED TO $1. WHICH IS THE MAXIMUM. WERE MADE PURSUANT TO AND IN EXECUTION OF THE PROVISION IN THE ACT OF JUNE 5. PROVIDED SAID MODIFICATIONS OR AMENDMENTS ARE NOT INCONSISTENT WITH THE STATUTE. ACCORDINGLY YOU ARE ADVISED THAT UNDER THE PROVISION OF THE ACT OF JUNE 5. ORIGINAL APPOINTMENTS OF CARRIERS IN THE VILLAGE DELIVERY SERVICE ARE AUTHORIZED ONLY AT THE RATE OF $1.

A-4884, OCTOBER 7, 1924, 4 COMP. GEN. 363

POSTAL SERVICE - VILLAGE DELIVERY CARRIERS - APPOINTMENTS AND PROMOTIONS THE ACT OF JUNE 5, 1920, 41 STAT. 1052, HAVING PROVIDED PAY FOR VILLAGE DELIVERY CARRIERS FROM $1,000 TO $1,200 PER ANNUM "UNDER SUCH RULES AND REGULATIONS AS THE POSTMASTER GENERAL MAY PRESCRIBE," THE REGULATIONS PRESCRIBED THEREUNDER BY THE POSTMASTER GENERAL PROVIDING FOR ENTRANCE SALARIES OF $1,000 AND FOR TWO INCREASES OF $100 EACH ONLY AFTER COMPLETION OF ONE YEAR'S SATISFACTORY SERVICE IN THE PRECEDING GRADE, ARE REGULATIONS MADE IN PURSUANCE OF LAW AND MAY NOT BE WAIVED IN INDIVIDUAL CASES, OR REVOKED, MODIFIED, OR SUPERSEDED RETROACTIVELY, SO AS TO AUTHORIZE APPOINTMENTS OR PROMOTIONS IN CONTRAVENTION THEREOF.

COMPTROLLER GENERAL MCCARL TO THE POSTMASTER GENERAL, OCTOBER 7, 1924:

THERE HAS BEEN RECEIVED YOUR LETTER OF AUGUST 23, 1924, REQUESTING DECISION WHETHER, UNDER THE PROVISIONS OF THE ACT OF JUNE 5, 1920, 41 STAT. 1052, YOU ARE AUTHORIZED TO APPOINT CARRIERS IN THE VILLAGE DELIVERY SERVICE AT AN ENTRANCE SALARY ABOVE $1,000 PER ANNUM BUT NOT EXCEEDING $1,200 PER ANNUM, AND TO PROMOTE A CARRIER IN THAT SERVICE FROM $1,000 PER ANNUM TO $1,200 PER ANNUM BEFORE THE CARRIER HAS COMPLETED ONE YEAR'S SATISFACTORY SERVICE.

THE ACT OF JUNE 5, 1920, 41 STAT. 1052, PROVIDES AS FOLLOWS:

THAT THE PAY OF CARRIERS IN THE VILLAGE DELIVERY SERVICE, UNDER SUCH RULES AND REGULATIONS AS THE POSTMASTER GENERAL MAY PRESCRIBE, SHALL BE FROM $1,000 TO $1,200 PER ANNUM.

THE RULES AND REGULATIONS PRESCRIBED BY THE POSTMASTER GENERAL PURSUANT TO SAID PROVISION ARE SET FORTH IN THE POSTAL GUIDE ISSUED JULY, 1923, PAGE 24, AS FOLLOWS:

145. SALARY AND PROMOTIONS.--- THE SALARY OF VILLAGE CARRIERS IS FIXED BY CONGRESSIONAL LEGISLATION, THE ENTRANCE RATE BEING $1,000 PER ANNUM. THE BEGINNING OF THE FIRST QUARTER AFTER A YEAR'S SATISFACTORY SERVICE, THE SALARY IS INCREASED TO $1,100 PER ANNUM, AND AFTER TWO YEARS TO $1,200, WHICH IS THE MAXIMUM. THIRTY DAYS BEFORE THE END OF EACH QUARTER POSTMASTERS SHOULD SUBMIT RECOMMENDATIONS REGARDING INCREASES FOR VILLAGE CARRIERS WHO MAY BE ENTITLED TO PROMOTIONS. IF, HOWEVER, FOR ANY REASON, AN INCREASE IN SALARY SHOULD NOT BE GRANTED, A REPORT OF THE FACTS SHOULD BE TRANSMITTED TO THE FIRST ASSISTANT, DIVISION OF POST OFFICE SERVICE.

SEE ALSO SECTION 704 OF THE POSTAL LAWS AND REGULATIONS 1924, EFFECTIVE JULY 1, 1924, WHICH, AFTER STATING THE PROVISION OF THE STATUTE HEREINBEFORE QUOTED, PROVIDES, PARAGRAPH 2:

THE ENTRANCE SALARY SHALL BE AT THE RATE OF $1,000 PER ANNUM, WITH CONSECUTIVE PROMOTIONS OF $100 EACH FOR TWO YEARS, PROMOTION TO BE MADE AT THE BEGINNING OF THE FIRST QUARTER AFTER ONE YEAR'S SATISFACTORY SERVICE IN THE PREVIOUS GRADE.

THESE REGULATIONS, WHICH FIX THE INITIAL SALARY OF $1,000 PER ANNUM AND AUTHORIZE PROMOTION TO $1,100 ONLY AFTER ONE YEAR'S SATISFACTORY SERVICE AT $1,000 AND TO $1,200 ONLY AFTER ONE YEAR'S SATISFACTORY SERVICE AT $1,100, WERE MADE PURSUANT TO AND IN EXECUTION OF THE PROVISION IN THE ACT OF JUNE 5, 1920, SUPRA, AND THEREFORE MUST BE HELD TO BE A PART OF THE LAW AND OF THE SAME FORCE AND EFFECT AS THE STATUTE ITSELF. SAID REGULATIONS MAY BE MODIFIED OR AMENDED BY THE POSTMASTER GENERAL, PROVIDED SAID MODIFICATIONS OR AMENDMENTS ARE NOT INCONSISTENT WITH THE STATUTE, BUT THEY CAN NOT BE WAIVED IN INDIVIDUAL CASES, AND NO MODIFICATION OR AMENDMENT THEREOF CAN OPERATE RETROACTIVELY. SEE 21 COMP. DEC. 482; 26 ID. 99; 2 COMP. GEN. 342.

ACCORDINGLY YOU ARE ADVISED THAT UNDER THE PROVISION OF THE ACT OF JUNE 5, 1920, HEREINBEFORE QUOTED, AND THE RULES AND REGULATIONS MADE IN EXECUTION THEREOF, ORIGINAL APPOINTMENTS OF CARRIERS IN THE VILLAGE DELIVERY SERVICE ARE AUTHORIZED ONLY AT THE RATE OF $1,000 PER ANNUM AND PROMOTION TO $1,100 AND $1,200, CONSECUTIVELY, IS AUTHORIZED ONLY AFTER ONE YEAR'S SATISFACTORY SERVICE IN THE PRECEDING GRADE. PROMOTIONS UNDER THESE REGULATIONS ARE NOT AUTOMATIC--- SEE DECISION OF SEPTEMBER 16, 1924, A-3948, 4 COMP. GEN. 299, AND CAN NOT BE MADE EFFECTIVE RETROACTIVELY, 3 COMP. GEN. 559.