B-127038, MAR. 12, 1956

B-127038: Mar 12, 1956

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IT APPEARS THAT YOU WERE SEPARATED FROM YOUR POSITION OF ADMINISTRATIVE ASSISTANT. FURTHER APPEARS THAT YOU WERE NOT RESTORED TO DUTY IN THE POSITION IN QUESTION NOR WERE YOU THEREAFTER EMPLOYED BY THE PRODUCTION AND MARKETING ADMINISTRATION. IS REINSTATED OR RESTORED TO DUTY ON THE GROUND THAT SUCH REMOVAL WAS UNJUSTIFIED OR UNWARRANTED. FOR THE PERIOD HE RECEIVED NO COMPENSATION WITH RESPECT TO THE POSITION FROM WHICH HE WAS REMOVED. WAS CONTINGENT UPON YOUR REINSTATEMENT OR RESTORATION TO THE POSITION IN QUESTION ON THE GROUND THAT YOUR REMOVAL THEREFROM "WAS UNJUSTIFIED AND UNWARRANTED.'. THE MATTER OF YOUR REMOVAL OR RESTORATION IS ONE OVER WHICH OUR OFFICE HAS NO JURISDICTION. THE DEPARTMENT OF AGRICULTURE STATES THAT THE REDUCTION-IN-FORCE ACTION TAKEN IN YOUR CASE WAS IN ACCORDANCE WITH THE CIVIL SERVICE COMMISSION REGULATIONS.

B-127038, MAR. 12, 1956

TO MR. EDWARD J. MARTILLA:

YOUR RECENT LETTER REQUESTS REVIEW OF OUR SETTLEMENT DATED DECEMBER 15, 1955, WHICH DISALLOWED YOUR CLAIM FOR COMPENSATION UNDER THE PROVISIONS OF THE ACT OF JUNE 10, 1948, 62 STAT. 355, COVERING THE PERIOD SUBSEQUENT TO THE DATE OF YOUR SEPARATION FROM THE SERVICE, AS AN EMPLOYEE OF THE PRODUCTION AND MARKETING ADMINISTRATION.

IT APPEARS THAT YOU WERE SEPARATED FROM YOUR POSITION OF ADMINISTRATIVE ASSISTANT, GRADE CAF-130-7, WITH SALARY OF $4,288.80 PER ANNUM, BECAUSE OF A REDUCTION IN FORCE AT THE CLOSE OF BUSINESS ON NOVEMBER 6, 1948. FURTHER APPEARS THAT YOU WERE NOT RESTORED TO DUTY IN THE POSITION IN QUESTION NOR WERE YOU THEREAFTER EMPLOYED BY THE PRODUCTION AND MARKETING ADMINISTRATION.

THE ACT OF JUNE 10, 1948, SUPRA, PROVIDES, IN SUBSTANCE, THAT ANY PERSON REMOVED WITHOUT PAY IN A REDUCTION IN FORCE WHO, AFTER AN APPEAL TO PROPER AUTHORITY, IS REINSTATED OR RESTORED TO DUTY ON THE GROUND THAT SUCH REMOVAL WAS UNJUSTIFIED OR UNWARRANTED, SHALL BE PAID COMPENSATION AT THE RATE HE RECEIVED ON THE DATE OF REMOVAL, FOR THE PERIOD HE RECEIVED NO COMPENSATION WITH RESPECT TO THE POSITION FROM WHICH HE WAS REMOVED. HENCE, YOUR RIGHT TO COMPENSATION, UNDER THE APPLICABLE LAW, WAS CONTINGENT UPON YOUR REINSTATEMENT OR RESTORATION TO THE POSITION IN QUESTION ON THE GROUND THAT YOUR REMOVAL THEREFROM "WAS UNJUSTIFIED AND UNWARRANTED.' THE MATTER OF YOUR REMOVAL OR RESTORATION IS ONE OVER WHICH OUR OFFICE HAS NO JURISDICTION.

IN REPORTING ON YOUR CLAIM, THE DEPARTMENT OF AGRICULTURE STATES THAT THE REDUCTION-IN-FORCE ACTION TAKEN IN YOUR CASE WAS IN ACCORDANCE WITH THE CIVIL SERVICE COMMISSION REGULATIONS, AND THAT "ALL REQUIREMENTS SET FORTH IN THE VETERANS PREFERENCE ACT" WERE COMPLIED WITH. IN VIEW THEREOF AND SINCE YOU WERE NOT RESTORED TO DUTY AS A CONSEQUENCE OF A TIMELY APPEAL EITHER TO YOUR AGENCY OR THE CIVIL SERVICE COMMISSION THERE IS NO AUTHORITY UNDER THE APPLICABLE LAW AND THE DECISION OF OUR OFFICE FOR ALLOWING YOUR CLAIM FOR BACK PAY.

ACCORDINGLY, OUR SETTLEMENT OF DECEMBER 15, 1955, IS CORRECT AND UPON REVIEW, IT IS SUSTAINED.