B-122029, JUL. 7, 1955

B-122029: Jul 7, 1955

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

GATRELL: REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 19. WHICH WAS DISALLOWED IN SETTLEMENT DATED SEPTEMBER 10. THE SETTLEMENT WAS SUSTAINED FOR THE REASONS STATED IN OUR LETTER OF JANUARY 10. IN THAT RESPECT YOU OVERLOOK THE FACT THAT COMPENSATION IS PAYABLE UNDER THAT ACT ONLY IN THE EVENT THE EMPLOYEE HAS BEEN RESTORED TO DUTY UPON THE GROUND THAT HIS REMOVAL. OR FURLOUGH WITHOUT PAY WAS UNJUSTIFIED OR UNWARRANTED. AS THE RECORD SHOWS YOU HAVE NOT BEEN RESTORED TO DUTY. NO COMPENSATION IS DUE YOU BY VIRTUE OF PUBLIC LAW 623. NOR TO THE EXTENT THAT YOU BELIEVE IS THE CASE. AS TO YOUR QUESTION OF THE RETIREMENT APPLICATION SIGNED BY YOU THE RECORD SHOWS THAT MATTER WAS CONSIDERED BY THE CIVIL SERVICE COMMISSION ON SEPTEMBER 9.

B-122029, JUL. 7, 1955

TO MR. HOMER A. GATRELL:

REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 19, 1955, REQUESTING RECONSIDERATION OF YOUR CLAIM FOR COMPENSATION AS A FORMER EMPLOYEE OF THE POST OFFICE DEPARTMENT, DIVISION OF RAILWAY TRANSPORTATION, WHICH WAS DISALLOWED IN SETTLEMENT DATED SEPTEMBER 10, 1954. THE SETTLEMENT WAS SUSTAINED FOR THE REASONS STATED IN OUR LETTER OF JANUARY 10, 1955, B- 122029, TO YOU.

YOU INSIST THAT YOUR CASE COMES WITHIN PURVIEW OF THE RETROACTIVE PAY BENEFITS OF THE ACT OF JUNE 10, 1948, PUBLIC LAW 623, 62 STAT. 354, 5 U.S.C. 652, BECAUSE OF THE NATURE OF THE ADMINISTRATIVE ACTION TAKEN UPON YOUR APPLICATION FOR RETIREMENT FROM SERVICE, EFFECTIVE MARCH 31, 1945. IN THAT RESPECT YOU OVERLOOK THE FACT THAT COMPENSATION IS PAYABLE UNDER THAT ACT ONLY IN THE EVENT THE EMPLOYEE HAS BEEN RESTORED TO DUTY UPON THE GROUND THAT HIS REMOVAL, SUSPENSE, DISCHARGE, OR FURLOUGH WITHOUT PAY WAS UNJUSTIFIED OR UNWARRANTED. AS THE RECORD SHOWS YOU HAVE NOT BEEN RESTORED TO DUTY, AND REGARDLESS OF THE REASON, NO COMPENSATION IS DUE YOU BY VIRTUE OF PUBLIC LAW 623. THE PROVISIONS OF THE POSTAL LAWS AND REGULATIONS RELATING TO THE DUTY ASSIGNMENTS AND SENIORITY IN THE POSTAL SERVICE, TO WHICH YOU REFER IN YOUR CLAIM AND IN YOUR PRESENT LETTER, DO NOT MATERIALLY AFFECT THE PAY PROVISIONS OF PUBLIC LAW 623, NOR TO THE EXTENT THAT YOU BELIEVE IS THE CASE.

AS TO YOUR QUESTION OF THE RETIREMENT APPLICATION SIGNED BY YOU THE RECORD SHOWS THAT MATTER WAS CONSIDERED BY THE CIVIL SERVICE COMMISSION ON SEPTEMBER 9, 1951. YOU ALSO WERE ADVISED BY THE COMMISSION THAT DATE, AS FOLLOWS:

"AN ANNUITANT, SUCH AS YOURSELF, WHO HAS REACHED AGE SIXTY MAY WORK AGAIN FOR THE FEDERAL GOVERNMENT ONLY IF THE APPOINTING AUTHORITY OF THE EMPLOYING AGENCY DETERMINES THAT THE ANNUITANT HAS SPECIAL QUALIFICATIONS FOR THE POSITION TO BE FILLED AND MEETS THE OTHER REQUIREMENTS FOR AN APPOINTMENT.'

SUCH REINSTATEMENT OR REEMPLOYMENT, AS YOU WERE ADVISED BY US ON JANUARY 10, IS A MATTER SOLELY WITHIN THE DISCRETION OF THE EMPLOYING AGENCY, NOT THE GENERAL ACCOUNTING OFFICE.

IN THAT CONNECTION, EVERY ASPECT OF LAW AND FACT ALLEGED BY YOU HAS BEEN FULLY CONSIDERED AND REVIEWED; HOWEVER, WE HAVE NO ALTERNATIVE OTHER THAN TO AFFIRM OUR DECISION OF JANUARY 10, 1955.

RESPECTING YOUR REQUEST FOR THE RETURN OF ALL THE PAPERS YOU HAVE SUBMITTED IN THIS CASE, YOU ARE INFORMED THAT SINCE THEY FORM AN ESSENTIAL PART OF THE RECORD UPON WHICH THE SETTLEMENT ACTION WAS TAKEN, AND UPON WHICH OUR DECISION IS BASED, YOUR REQUEST MUST BE DECLINED.