A-64006, SEPTEMBER 20, 1935, 15 COMP. GEN. 227

A-64006: Sep 20, 1935

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AT WHICH TIME HE WAS RECEIVING A SALARY OF $1. HIPPENHAMER WAS REINSTATED AS SENIOR SUBSTITUTE CARRIER IN YOUR OFFICE EFFECTIVE FEB. 27. GEN. 295) HE WAS ONLY ENTITLED TO BE APPOINTED AT $1. YOU ARE CHARGED BACK IN THE SUM OF $23.13 FOR OVERPAYMENT OF SALARY FOR SEPTEMBER QUARTER. YOU ARE ALSO DEBITED IN THE SUMS OF $45.75 AND ?07. AT THAT TIME HE WAS RECEIVING $1. HE WAS REINSTATED ON FEBRUARY 27. WITH THE UNDERSTANDING THAT WHEN HE WAS PROMOTED TO REGULAR CLERK HE WOULD BE ASSIGNED TO THE $1. HIPPENHAMER WAS PROMOTED TO REGULAR CLERK AND ASSIGNED TO THE $2. 000 A YEAR THE DEPARTMENT WAS ACTING UNDER AUTHORITY CONTAINED IN THE DECISION OF THE COMPTROLLER GENERAL OF THE UNITED STATES DATED DECEMBER 6.

A-64006, SEPTEMBER 20, 1935, 15 COMP. GEN. 227

POST OFFICE DEPARTMENT - REINSTATEMENT OF CLERKS AND CARRIERS A FORMER REGULAR CLERK IN A FIRST OR SECOND-CLASS POST OFFICE OR REGULAR CARRIER IN THE CITY DELIVERY SERVICE, WHO HAS BEEN REINSTATED TO THE POSITION OF SUBSTITUTE CLERK IN A FIRST OR SECOND-CLASS POST OFFICE OR SUBSTITUTE CARRIER IN THE CITY DELIVERY SERVICE, MAY BE GIVEN CREDIT BOTH FOR REGULAR SERVICE PERFORMED BEFORE AND AFTER REINSTATEMENT, AND FOR SUBSTITUTE SERVICE PERFORMED AFTER REINSTATEMENT, WITHIN THE LIMITATIONS OF THE ACT OF FEBRUARY 28, 1925, 43 STAT. 1059, AS AMENDED BY THE ACT OF FEBRUARY 28, 1929, 45 STAT. 1405, AND THE ACT OF JUNE 27, 1934, 48 STAT. 1265, WHEN LATER RESTORED TO A REGULAR POSITION. 7 COMP. GEN. 295 DISTINGUISHED.

DECISION BY COMPTROLLER GENERAL MCCARL, SEPTEMBER 20, 1935:

REVIEW HAS BEEN REQUESTED OF THE FOLLOWING ACTION TAKEN IN THE AUDIT OF THE ACCOUNTS OF THE POSTMASTER, CHICAGO, ILL.:

THE FIRST ASSISTANT POSTMASTER GENERAL CERTIFIED TO THIS OFFICE THE APPOINTMENT OF THEODORE E. HIPPENHAMER AS REGULAR LETTER CARRIER AT $2,000 PER ANNUM, AUG. 16, 1934, WITH NOTATION OF SUBSTITUTE SERVICE OF 4,334 HOURS AND REFERENCE TO "OLD RECORDS OF THIS OFFICE," AND HIS PROMOTION TO $2,100 PER ANNUM JAN. 1, 1935.

IT APPEARS FROM THE RECORDS OF THIS OFFICE THAT MR. HIPPENHAMER RESIGNED AS A LETTER CARRIER MAY 9, 1928, AT WHICH TIME HE WAS RECEIVING A SALARY OF $1,900 PER ANNUM.

THE FIRST ASSISTANT POSTMASTER GENERAL IN A LETTER DATED MAY 17, 1935, STATES THAT MR. HIPPENHAMER WAS REINSTATED AS SENIOR SUBSTITUTE CARRIER IN YOUR OFFICE EFFECTIVE FEB. 27, 1931, AND IN ACCORDANCE WITH DECISION OF THE COMPTROLLER GENERAL OF THE UNITED STATES, A-20212, DATED OCT. 28, 1927 (7 COMP. GEN. 295) HE WAS ONLY ENTITLED TO BE APPOINTED AT $1,800 ON AUG. 16, 1934, AND TO BE PROMOTED TO $1,900 ON JAN. 1, 1935.

ACCORDINGLY, IN THE AUDIT OF YOUR ACCOUNT TO MAR. 31, 1935, YOU ARE CHARGED BACK IN THE SUM OF $23.13 FOR OVERPAYMENT OF SALARY FOR SEPTEMBER QUARTER, 1934, AND $45.46 FOR OVERPAYMENT OF SALARY, AND $1.32 FOR OVERPAYMENT FOR OVERTIME IN DECEMBER QUARTER, 1934. YOU ARE ALSO DEBITED IN THE SUMS OF $45.75 AND ?07, RESPECTIVELY, FOR OVERPAYMENTS FOR SALARY AND OVERTIME IN THE MARCH QUARTER, 1935.

WITH REFERENCE TO THE MATTER, THE FIRST ASSISTANT POSTMASTER GENERAL, IN LETTER DATED JULY 8, 1935, REPORTED AS FOLLOWS:

MR. HIPPENHAMER RESIGNED FROM THE SERVICE MAY 9, 1928, AND AT THAT TIME HE WAS RECEIVING $1,900 A YEAR. HE WAS REINSTATED ON FEBRUARY 27, 1931, WITH THE UNDERSTANDING THAT WHEN HE WAS PROMOTED TO REGULAR CLERK HE WOULD BE ASSIGNED TO THE $1,900 GRADE AND GIVEN CREDIT FOR HIS SUBSTITUTE SERVICE IN FIXING HIS SALARY.

ON AUGUST 16, 1934, MR. HIPPENHAMER WAS PROMOTED TO REGULAR CLERK AND ASSIGNED TO THE $2,000 GRADE. THE POSTMASTER STATES THAT HE PERFORMED 4,348 HOURS OF SUBSTITUTE SERVICE SUBSEQUENT TO HIS REINSTATEMENT. FIXING HIS SALARY AT $2,000 A YEAR THE DEPARTMENT WAS ACTING UNDER AUTHORITY CONTAINED IN THE DECISION OF THE COMPTROLLER GENERAL OF THE UNITED STATES DATED DECEMBER 6, 1927 (A-20691), APPEARING IN VOLUME 7, PAGE 367, WHICH PROVIDES THAT WHERE THERE IS A REINSTATEMENT OF A CITY LETTER CARRIER TO THE POSITION OF SUBSTITUTE, CREDIT MAY BE ALLOWED FOR SERVICE AS REGULAR CARRIER, IN ORDER TO RESTORE THE REINSTATED CARRIER TO THE REGULAR GRADE PREVIOUSLY HELD.

ON JANUARY 1, 1935, MR. HIPPENHAMER WAS PROMOTED TO THE $2,100 GRADE, WHICH APPEARS TO BE IN HARMONY WITH THE DECISION OF APRIL 5, 1935 (A- 60518), APPEARING IN VOLUME 14, PAGE 735.

IN DECISION OF DECEMBER 6, 1927, 7 COMP. GEN. 367, THE DECISION OF OCTOBER 28, 1927, 7 COMP. GEN. 295, CITED AS AUTHORITY FOR THE AUDIT ACTION, WAS AMPLIFIED AS FOLLOWS:

YOUR SUBMISSION OF OCTOBER 17, 1927, WAS UNDERSTOOD AS RELATING EXCLUSIVELY TO REINSTATEMENTS OR TRANSFERS TO THE POSITIONS OF CLERKS IN FIRST- AND SECOND-CLASS POST OFFICES OR CARRIERS IN THE CITY DELIVERY SERVICE FROM SOME OTHER BRANCH OF THE POSTAL SERVICE OR FROM SOME OTHER BRANCH OF THE GOVERNMENT SERVICE GENERALLY. BASED UPON THIS UNDERSTANDING, THE DECISION OF OCTOBER 28, 1927, 7 COMP. GEN. 295, HELD, INSOFAR AS HERE MATERIAL, THAT IF THE REINSTATEMENT OR TRANSFER WAS TO THE POSITION OF SUBSTITUTE CLERK OR CARRIER FROM SOME OTHER BRANCH OF THE POSTAL SERVICE OR THE GOVERNMENT SERVICE GENERALLY, ONLY SERVICE AS A SUBSTITUTE CLERK OR CARRIER COULD BE COUNTED IN DETERMINING THE GRADE TO WHICH THE CLERK OR CARRIER COULD BE PROMOTED AUTOMATICALLY THEREAFTER. CONSIDERATION WAS REQUIRED IN THE DECISION OF REINSTATEMENTS OR TRANSFERS OF CLERKS IN FIRST- AND SECOND-CLASS POST OFFICES OR CARRIERS IN THE CITY DELIVERY SERVICE TO SUBSTITUTE POSITIONS OF THE SAME CLASS IN THE SAME POST OFFICE, OR ANOTHER POST OFFICE, MADE NECESSARY OR ADVISABLE FOR THE REASONS SET FORTH IN YOUR PRESENT SUBMISSION.

IF THE REINSTATEMENT OR TRANSFER IS FROM A POSITION OF REGULAR CLERK IN FIRST- AND SECOND-CLASS POST OFFICES OR A CARRIER IN THE CITY DELIVERY SERVICE TO THE POSITION OF SUBSTITUTE CLERK OR CARRIER, THERE WOULD BE NO OBJECTION TO THE ACTION OF THE ADMINISTRATIVE OFFICE, HAVING DUE REGARD TO THE AVAILABILITY OF APPROPRIATIONS AND TO THE EXISTENCE OF VACANCIES, IN GIVING CONSIDERATION TO SERVICE PERFORMED AS A REGULAR CLERK OR CARRIER, IN THE MANNER PRESCRIBED BY LAW, IN ORDER TO RESTORE THE TRANSFERRED CLERK OR CARRIER TO THE AUTOMATIC GRADE IN WHICH HE SERVED PRIOR TO THE REINSTATEMENT OR TRANSFER.

IN OTHER WORDS, THE RULE IS THAT A FORMER REGULAR CLERK IN A FIRST OR SECOND CLASS POST OFFICE OR REGULAR CARRIER IN THE CITY DELIVERY SERVICE, WHO HAS BEEN REINSTATED TO THE POSITION OF SUBSTITUTE CLERK IN A FIRST OR SECOND CLASS POST OFFICE OR SUBSTITUTE CARRIER IN THE CITY DELIVERY SERVICE, MAY BE GIVEN CREDIT BOTH FOR REGULAR SERVICE PERFORMED BEFORE AND AFTER REINSTATEMENT AND FOR SUBSTITUTE SERVICE PERFORMED AFTER REINSTATEMENT, WITHIN THE LIMITATIONS OF THE ACT OF FEBRUARY 28, 1925, 43 STAT. 1059, AS AMENDED BY THE ACT OF FEBRUARY 28, 1929, 45 STAT. 1405, AND THE ACT OF JUNE 27, 1934, 48 STAT. 1265, WHEN LATER RESTORED TO A REGULAR POSITION.

ACCORDINGLY, WHEN HIPPENHAMER WAS RESTORED TO A REGULAR POSITION, EFFECTIVE AUGUST 16, 1934, THE POST OFFICE DEPARTMENT WAS AUTHORIZED, IN ITS DISCRETION, TO PLACE HIM IN THE AUTOMATIC GRADE WITH SALARY RATE OF $1,900 PER ANNUM, THE SAME GRADE HELD WHEN HE RESIGNED, MAY 9, 1928, AND SIMULTANEOUSLY TO PROMOTE HIM TO THE AUTOMATIC GRADE WITH SALARY RATE OF $2,000 PER ANNUM BY REASON OF HIS SUBSTITUTE SERVICE PERFORMED AFTER HIS REINSTATEMENT ON FEBRUARY 27, 1931. AFTER THAT WAS DONE, THERE REMAINED TO HIS CREDIT 1,900 HOURS OF SUBSTITUTE SERVICE, THAT IS, 4,348 HOURS LESS 2,448 HOURS (8 TIMES 306), WHICH, TOGETHER WITH SERVICE AS A REGULAR CARRIER FROM AUGUST 16 TO DECEMBER 31, 1934, INCLUSIVE, AUTHORIZED HIS ADVANCEMENT TO THE AUTOMATIC GRADE WITH SALARY RATE OF $2,100 PER ANNUM, EFFECTIVE JANUARY 1, 1935. 14 COMP. GEN. 735.