B-125399, OCT. 17, 1955

B-125399: Oct 17, 1955

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YOUR REQUEST FOR REVIEW OF THE SETTLEMENT IS PREDICATED UPON THE FACT THAT THE AMOUNT OF BACK PAY DUE YOU WAS COMPUTED UPON THE RATE OF COMPENSATION YOU WERE RECEIVING ON THE DATE OF SEPARATION AND DID NOT TAKE INTO ACCOUNT A LONGEVITY PROMOTION BELIEVED TO BE DUE IN YOUR CASE EFFECTIVE JANUARY 1. THE STATUTORY AUTHORITY UNDER WHICH YOU WERE AWARDED COMPENSATION FOR THE PERIOD OF SEPARATION IS THAT CONTAINED IN SECTION 6 OF THE ACT OF AUGUST 24. IS AS FOLLOWS: "/2) ANY PERSON WHO IS DISCHARGED. IS REINSTATED OR RESTORED TO DUTY ON THE GROUND THAT SUCH DISCHARGE. OR FURLOUGH WAS UNJUSTIFIED OR UNWARRANTED. OR FURLOUGH FOR THE PERIOD FOR WHICH HE RECEIVED NO COMPENSATION WITH RESPECT TO THE POSITION FROM WHICH HE WAS DISCHARGED.

B-125399, OCT. 17, 1955

TO MR. LEO K. HARPER:

YOUR LETTER OF MARCH 19, 1955, REQUESTS REVIEW OF OUR SETTLEMENT DATED OCTOBER 14, 1954, WHICH YOU STATE FAILED TO ALLOW THE FULL AMOUNT OF YOUR CLAIM FOR COMPENSATION COVERING A PERIOD OF UNWARRANTED SEPARATION FROM THE SERVICE WHICH EXTENDED FROM NOVEMBER 16, 1952, TO JULY 31, 1954, AS A REGULAR RURAL CARRIER IN THE POST OFFICE AT EUFAULA, OKLAHOMA.

YOUR REQUEST FOR REVIEW OF THE SETTLEMENT IS PREDICATED UPON THE FACT THAT THE AMOUNT OF BACK PAY DUE YOU WAS COMPUTED UPON THE RATE OF COMPENSATION YOU WERE RECEIVING ON THE DATE OF SEPARATION AND DID NOT TAKE INTO ACCOUNT A LONGEVITY PROMOTION BELIEVED TO BE DUE IN YOUR CASE EFFECTIVE JANUARY 1, 1953.

THE STATUTORY AUTHORITY UNDER WHICH YOU WERE AWARDED COMPENSATION FOR THE PERIOD OF SEPARATION IS THAT CONTAINED IN SECTION 6 OF THE ACT OF AUGUST 24, 1912, AS AMENDED BY THE ACT OF JUNE 10, 1948, 62 STAT. 355, WHICH, IN PART, IS AS FOLLOWS:

"/2) ANY PERSON WHO IS DISCHARGED, SUSPENDED, OR FURLOUGHED WITHOUT PAY, UNDER SECTION 14 OF THE VETERANS' PREFERENCE ACT OF 1944, AS AMENDED, WHO, AFTER ANSWERING THE REASONS ADVANCED FOR SUCH DISCHARGE, SUSPENSION, OR FURLOUGH OR AFTER AN APPEAL TO THE CIVIL SERVICE COMMISSION, AS PROVIDED UNDER SUCH SECTION, IS REINSTATED OR RESTORED TO DUTY ON THE GROUND THAT SUCH DISCHARGE, SUSPENSION, OR FURLOUGH WAS UNJUSTIFIED OR UNWARRANTED, SHALL BE PAID COMPENSATION AT THE RATE RECEIVED ON THE DATE OF SUCH DISCHARGE, SUSPENSION, OR FURLOUGH FOR THE PERIOD FOR WHICH HE RECEIVED NO COMPENSATION WITH RESPECT TO THE POSITION FROM WHICH HE WAS DISCHARGED, SUSPENDED, OR FURLOUGHED * * *.'

SINCE THE ACT SPECIFICALLY PROVIDES THAT THE COMPENSATION PAYABLE THEREUNDER SHALL BE COMPUTED AT THE RATE THE EMPLOYEE WAS RECEIVING ON THE DATE OF HIS UNWARRANTED REMOVAL OF SUSPENSION FROM DUTY, THERE IS NO AUTHORITY FOR TAKING INTO ACCOUNT IN COMPUTING THE AMOUNT DUE YOU UNDER THE STATUTE AS BACK COMPENSATION THE LONGEVITY PROMOTION BELIEVED TO BE DUE IN YOUR CASE EFFECTIVE JANUARY 1, 1953. SEE O-BRIEN V. UNITED STATES, 124 C.CLS. 655, AND JEFFREY V. UNITED STATES, 127 C.CLS. 231; ALSO, 28 COMP. GEN. 333, 336.

ACCORDINGLY, OUR SETTLEMENT DATED OCTOBER 14, 1954, MUST BE AND IS SUSTAINED.