B-124148, JUN. 9, 1955

B-124148: Jun 9, 1955

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WHICHEVER IS EARLIER. ORDINARILY A CERTIFYING OFFICER IS NOT ENTITLED TO AN ADVANCE DECISION EXCEPT UPON PRESENTATION OF A VOUCHER BEFORE HIM FOR CERTIFICATION INVOLVING THE QUESTION PRESENTED. AS SUCH A VOUCHER WOULD DOUBTLESS BE PRESENTED TO YOU IN THE NEAR FUTURE THE SUBMISSION OF A VOUCHER WILL BE WAIVED IN THIS CASE. IT WAS HELD BY OUR OFFICE. WHEN IT IS KNOWN IN ADVANCE THAT THE EMPLOYEE IS TO BE SEPARATED. IS LIMITED TO CASES WHERE THE EXIGENCIES OF THE SERVICE REQUIRE SUCH ACTION. AN AGENCY ORDINARILY DOES NOT HAVE UNLIMITED DISCRETION TO GRANT TERMINAL LEAVE CONTRARY TO THE RULE STATED IN 24 COMP. IT MUST BE HELD THAT SUCH ADMINISTRATIVE ACTION IS NOT AUTHORIZED.

B-124148, JUN. 9, 1955

TO MR. DOUGLAS G. WRIGHT, AUTHORIZED CERTIFYING OFFICER, SOUTHWESTERN POWER ADMINISTRATION, DEPARTMENT OF THE INTERIOR:

YOUR LETTER OF MAY 27, 1955, REQUESTS DECISION, AS AN AUTHORIZED CERTIFYING OFFICER, WHETHER ADMINISTRATIVE ACTION PROPERLY MAY BE TAKEN TO DEFER THE EXPIRATION DATE OF AN EMPLOYEE'S SEPARATION ORIGINALLY FIXED AS OF JUNE 30, 1955, AND TO RETAIN HIM ON THE ROLLS TO THE EXTENT OF HIS ANNUAL LEAVE, PLUS LEAVE WITHOUT PAY OF EIGHT DAYS, IN ORDER TO ENABLE HIM TO SECURE REEMPLOYMENT IN THE GOVERNMENT SERVICE OR COMPLETE THIRTY YEARS OF SERVICE ON OCTOBER 16, 1955, WHICHEVER IS EARLIER.

ORDINARILY A CERTIFYING OFFICER IS NOT ENTITLED TO AN ADVANCE DECISION EXCEPT UPON PRESENTATION OF A VOUCHER BEFORE HIM FOR CERTIFICATION INVOLVING THE QUESTION PRESENTED, BUT AS SUCH A VOUCHER WOULD DOUBTLESS BE PRESENTED TO YOU IN THE NEAR FUTURE THE SUBMISSION OF A VOUCHER WILL BE WAIVED IN THIS CASE.

IN 34 COMP. GEN. 61, IT WAS HELD BY OUR OFFICE, QUOTING FROM THE SYLLABUS:

"ADMINISTRATIVE AUTHORITY TO GRANT AN EMPLOYEE TERMINAL, ANNUAL OR VACATION LEAVE IMMEDIATELY PRIOR TO SEPARATION FROM THE SERVICE, WHEN IT IS KNOWN IN ADVANCE THAT THE EMPLOYEE IS TO BE SEPARATED, IS LIMITED TO CASES WHERE THE EXIGENCIES OF THE SERVICE REQUIRE SUCH ACTION; HOWEVER, AN AGENCY ORDINARILY DOES NOT HAVE UNLIMITED DISCRETION TO GRANT TERMINAL LEAVE CONTRARY TO THE RULE STATED IN 24 COMP. GEN. 511, TO THE EFFECT THAT AN EMPLOYEE MUST BE SEPARATED AND PAID A LUMP SUM FOR THE ANNUAL LEAVE TO HIS CREDIT AS OF THE LAST DAY OF ACTIVE SERVICE. 31 COMP. GEN. 581, AMPLIFIED.'

AS THE DESIRED DEFERMENT OF THE EMPLOYEE'S SEPARATION BEYOND JUNE 30, 1955, IN THE CASE PRESENTED WOULD BE ENTIRELY FOR HIS BENEFIT AND NOT TO SATISFY ANY GOVERNMENT NEED IT WOULD VIOLATE THE RULE LAID DOWN IN 24 COMP. GEN. 511, AS AMPLIFIED BY OUR DECISION QUOTED ABOVE. ACCORDINGLY, IT MUST BE HELD THAT SUCH ADMINISTRATIVE ACTION IS NOT AUTHORIZED.