B-118804, JUN. 16, 1955

B-118804: Jun 16, 1955

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TO THE HONORABLE SECRETARY OF THE INTERIOR: REFERENCE IS MADE TO LETTER OF JANUARY 13. TEBOW WAS REASSIGNED FROM A POSITION IN GRADE GS-12. FOUND THAT THE ADMINISTRATIVE ACTION WAS PROCEDURALLY DEFECTIVE AND. - COMPLIANCE WITH WHICH IS MADE MANDATORY BY THE PROVISIONS OF SECTION 14 OF THE VETERANS' PREFERENCE ACT. TEBOW WAS RETROACTIVELY RESTORED TO HIS FORMER POSITION EFFECTIVE APRIL 16. UPON A SUPPLEMENTAL PAYROLL VOUCHER THE EMPLOYEE WAS PAID $359.20. REPRESENTING THE ADDITIONAL COMPENSATION HE WOULD HAVE RECEIVED IN HIS FORMER POSITION FOR THE PERIOD OF THE DEMOTION. IT WAS HELD THAT OUR OFFICE WOULD NOT ADOPT THE POSITION TAKEN BY THE COURT OF CLAIMS IN GOODWIN V. CARRIES WITH IT THE RIGHT TO THE COMPENSATION OF THE HIGHER POSITION TO WHICH HE WAS RESTORED.

B-118804, JUN. 16, 1955

TO THE HONORABLE SECRETARY OF THE INTERIOR:

REFERENCE IS MADE TO LETTER OF JANUARY 13, 1955, FROM MR. D. OTIS BEASLEY, ADMINISTRATIVE ASSISTANT SECRETARY, DEPARTMENT OF THE INTERIOR, REQUESTING RECONSIDERATION OF THE EXCEPTION TAKEN, IN THE AUDIT OF ACCOUNTS OF THE DENVER REGIONAL OFFICE OF THE BUREAU OF RECLAMATION, TO A PAYMENT OF $359.20, AS BACK PAY, TO MR. HENRY J. TEBOW, AN EMPLOYEE OF THE BUREAU OF RECLAMATION, FOR A PERIOD OF WRONGFUL REDUCTION IN RANK AND COMPENSATION.

BY AN ADMINISTRATION ACTION EFFECTIVE APRIL 15, 1951, MR. TEBOW WAS REASSIGNED FROM A POSITION IN GRADE GS-12, AT A SALARY OF $7,000 PER ANNUM, TO A POSITION IN GRADE GS-11, AT A SALARY OF $6,400 PER ANNUM. MR. TEBOW APPEALED THE DEMOTION TO THE CIVIL SERVICE COMMISSION UNDER SECTION 14 OF THE VETERANS' PREFERENCE ACT OF 1944, AS AMENDED, 5 U.S.C. 863. THE BOARD OF APPEALS AND REVIEW, UNITED STATES CIVIL SERVICE COMMISSION, WASHINGTON, D.C., FOUND THAT THE ADMINISTRATIVE ACTION WAS PROCEDURALLY DEFECTIVE AND, BY A LETTER DATED SEPTEMBER 25, 1951, RECOMMENDED THE RETROACTIVE RESTORATION OF MR. TEBOW TO HIS FORMER POSITION. PURSUANT TO THAT RECOMMENDATION--- COMPLIANCE WITH WHICH IS MADE MANDATORY BY THE PROVISIONS OF SECTION 14 OF THE VETERANS' PREFERENCE ACT--- MR. TEBOW WAS RETROACTIVELY RESTORED TO HIS FORMER POSITION EFFECTIVE APRIL 16, 1951. UPON A SUPPLEMENTAL PAYROLL VOUCHER THE EMPLOYEE WAS PAID $359.20, REPRESENTING THE ADDITIONAL COMPENSATION HE WOULD HAVE RECEIVED IN HIS FORMER POSITION FOR THE PERIOD OF THE DEMOTION.

IN A RECENT DECISION B-121070, MAY 3, 1955, 34 COMP. GEN. - , TO THE ADMINISTRATOR OF VETERANS' AFFAIRS, IT WAS HELD THAT OUR OFFICE WOULD NOT ADOPT THE POSITION TAKEN BY THE COURT OF CLAIMS IN GOODWIN V. UNITED STATES, 127, C.CLS. 417, DECIDED FEBRUARY 2, 1954, AND SMITH V. UNITED STATES, 127 C.CLS. 706, DECIDED MARCH 2, 1954, TO THE EFFECT THAT A RECOMMENDATION OF THE CIVIL SERVICE COMMISSION FOR THE RETROACTIVE RESTORATION OF A DEMOTED EMPLOYEE, UNDER AUTHORITY OF SECTION 14 OF THE VETERANS' PREFERENCE ACT, AS AMENDED, CARRIES WITH IT THE RIGHT TO THE COMPENSATION OF THE HIGHER POSITION TO WHICH HE WAS RESTORED, FOR THE PERIOD OF THE RETROACTIVE RESTORATION.

ACCORDINGLY, YOU ARE ADVISED THAT THE EXCEPTION HERE INVOLVED WILL BE REMOVED, AND THAT NO ADMINISTRATIVE ACTION NEED BE TAKEN TO EFFECT COLLECTION FROM MR. TEBOW.