B-141377, DEC. 15, 1959

B-141377: Dec 15, 1959

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YOU CONTEND THAT DURING THAT PERIOD YOU WERE APPOINTED TO A GRADE GS-3 POSITION AND WERE PLACED IN A STATUS DESIGNATED AS "STATUS QUO" WITH THE ADMINISTRATIVE ADVICE THAT YOU COULD NOT BE PROMOTED BECAUSE YOU DID NOT HAVE CAREER STATUS BUT THAT UPON YOUR BEING RETROACTIVELY ACCORDED CAREER STATUS YOU SHOULD HAVE BEEN RETROACTIVELY PROMOTED. WE ARE GOVERNED BY THE OFFICIAL RECORD IN EACH CASE IN SETTLING CLAIMS AGAINST THE UNITED STATES. THE RECORD SHOWS YOU WERE OFFERED A GS-3 POSITION AND THAT YOU ACCEPTED IT. THE QUESTION OF YOUR STATUS DURING THAT PERIOD IS NOT A MATTER OVER WHICH WE HAVE JURISDICTION. YOU SHOULD OR SHOULD NOT HAVE BEEN PROMOTED. SUCH MATTER WAS EXCLUSIVELY FOR CONSIDERATION BY THE ADMINISTRATIVE OFFICE.

B-141377, DEC. 15, 1959

TO MRS. MARGARETTA A. EISENHOUR, UNITED STATES ARMY CONSTRUCTION AGENCY, FRANCE

THE HONORABLE OLIN D. JOHNSTON, CHAIRMAN, COMMITTEE ON POST OFFICE AND CIVIL SERVICE, UNITED STATES SENATE, TRANSMITTED TO US YOUR LETTER OF OCTOBER 23, 1959, TO HIM, WHICH, IN EFFECT, REQUESTS RECONSIDERATION OF OUR SETTLEMENT OF MAY 7, 1959. THAT SETTLEMENT DISALLOWED YOUR CLAIM FOR THE DIFFERENCE IN SALARY BETWEEN A GRADE GS-3 POSITION AND A GRADE GS-4 POSITION FOR THE PERIOD NOVEMBER 25, 1956 TO JUNE 14, 1958. YOU CONTEND THAT DURING THAT PERIOD YOU WERE APPOINTED TO A GRADE GS-3 POSITION AND WERE PLACED IN A STATUS DESIGNATED AS "STATUS QUO" WITH THE ADMINISTRATIVE ADVICE THAT YOU COULD NOT BE PROMOTED BECAUSE YOU DID NOT HAVE CAREER STATUS BUT THAT UPON YOUR BEING RETROACTIVELY ACCORDED CAREER STATUS YOU SHOULD HAVE BEEN RETROACTIVELY PROMOTED.

WE ARE GOVERNED BY THE OFFICIAL RECORD IN EACH CASE IN SETTLING CLAIMS AGAINST THE UNITED STATES. THE RECORD SHOWS YOU WERE OFFERED A GS-3 POSITION AND THAT YOU ACCEPTED IT. THE CONDITIONS UNDER WHICH YOU ACCEPTED THAT POSITION CAN BE OF NO CONSEQUENCE IN OUR CONSIDERATION OF THE MATTER. FURTHER, THE QUESTION OF YOUR STATUS DURING THAT PERIOD IS NOT A MATTER OVER WHICH WE HAVE JURISDICTION. NOR CAN WE SAY WHETHER, DURING THE PERIOD INVOLVED, YOU SHOULD OR SHOULD NOT HAVE BEEN PROMOTED. SUCH MATTER WAS EXCLUSIVELY FOR CONSIDERATION BY THE ADMINISTRATIVE OFFICE. ARE NOT AWARE OF ANY BASIS, UPON THE GRANTING RETROACTIVELY OF CAREER STATUS BY THE UNITED STATES CIVIL SERVICE COMMISSION, WHICH WOULD AUTHORIZE THE RETROACTIVE PROMOTION OF EMPLOYEES. PROMOTIONS AS A GENERAL RULE ARE MADE EFFECTIVE PROSPECTIVELY. EMPLOYEES ARE ENTITLED ONLY TO THE COMPENSATION OF THE POSITION THEY OFFICIALLY HOLD. HENCE, SINCE YOU HAVE RECEIVED THE COMPENSATION PRESCRIBED FOR THE POSITION YOU OFFICIALLY HELD DURING THE PERIOD INVOLVED NO ADDITIONAL AMOUNT IS DUE YOU.

THEREFORE, OUR SETTLEMENT OF MAY 7, 1959, MUST BE SUSTAINED.

A COPY OF THIS DECISION IS BEING FORWARDED TO THE HONORABLE OLIN D. JOHNSTON FOR HIS INFORMATION.