B-142261, MAR. 30, 1960

B-142261: Mar 30, 1960

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THE RECORD SHOWS YOU WERE APPOINTED AUGUST 24. A TEMPORARY APPOINTMENT WAS MADE BECAUSE NO ADEQUATE CIVIL SERVICE REGISTER WAS AVAILABLE AT THAT TIME. YOU WERE SUSPENDED MARCH 7. UPON APPEAL TO THE CIVIL SERVICE COMMISSION YOU WERE RESTORED TO DUTY AUGUST 17. READS IN PART: "* * * AN APPOINTMENT MADE THROUGH AGENCY RECRUITMENT TO FILL A POSITION WHICH WILL CONTINUE FOR MORE THAN ONE YEAR IS A "TEMPORARY APPOINTMENT PENDING ESTABLISHMENT OF A REGISTER.'. THE APPOINTEE IS NOT REQUIRED TO SERVE A PROBATIONARY PERIOD AND HE DOES NOT ACQUIRE A COMPETITIVE STATUS BY VIRTUE OF SUCH APPOINTMENT. * * *" YOU RECEIVED A TEMPORARY APPOINTMENT PENDING THE ESTABLISHMENT OF A REGISTER AND UPON SEPARATION YOU CONTINUED AS A TEMPORARY APPOINTEE.

B-142261, MAR. 30, 1960

TO MR. ORLO SNYDER:

LETTER OF FEBRUARY 20, 1960, FROM YOUR WIFE WRITTEN IN YOUR BEHALF, RELATES TO OUR OFFICE SETTLEMENT OF FEBRUARY 16, 1960, WHICH DISALLOWED YOUR CLAIM FOR RETROACTIVE COMPENSATION UNDER THE ACT OF AUGUST 24, 1912, AS AMENDED BY THE ACT OF JUNE 10, 1948, 5 U.S.C. 652.

THE RECORD SHOWS YOU WERE APPOINTED AUGUST 24, 1957, TO A TEMPORARY POSITION AS LABORER, CUSTODIAL. A TEMPORARY APPOINTMENT WAS MADE BECAUSE NO ADEQUATE CIVIL SERVICE REGISTER WAS AVAILABLE AT THAT TIME. YOU WERE SUSPENDED MARCH 7, 1958, AND FINALLY SEPARATED MAY 9, 1958. UPON APPEAL TO THE CIVIL SERVICE COMMISSION YOU WERE RESTORED TO DUTY AUGUST 17, 1959, AND ON AUGUST 25, 1959, YOU RESIGNED FOR PERSONAL REASONS. HOWEVER, YOU PERFORMED NO SERVICE BETWEEN AUGUST 17, 1959, AND THE EFFECTIVE DATE OF YOUR RESIGNATION.

YOU NOW CLAIM RETROACTIVE COMPENSATION FOR THE PERIOD OF YOUR SUSPENSION OR REMOVAL.

SECTION 1 OF CHAPTER X-1, PAGE X-1-3, OF THE FEDERAL PERSONNEL MANUAL OF THE U.S. CIVIL SERVICE COMMISSION, READS IN PART:

"* * * AN APPOINTMENT MADE THROUGH AGENCY RECRUITMENT TO FILL A POSITION WHICH WILL CONTINUE FOR MORE THAN ONE YEAR IS A "TEMPORARY APPOINTMENT PENDING ESTABLISHMENT OF A REGISTER.' THE APPOINTEE IS NOT REQUIRED TO SERVE A PROBATIONARY PERIOD AND HE DOES NOT ACQUIRE A COMPETITIVE STATUS BY VIRTUE OF SUCH APPOINTMENT. * * *"

YOU RECEIVED A TEMPORARY APPOINTMENT PENDING THE ESTABLISHMENT OF A REGISTER AND UPON SEPARATION YOU CONTINUED AS A TEMPORARY APPOINTEE, CONSEQUENTLY DURING THE EMPLOYMENT INVOLVED YOU DID NOT ACQUIRE THE STATUS OF A PERSON IN THE CLASSIFIED CIVIL SERVICE AS REQUIRED UNDER CIVIL SERVICE RULES AND REGULATIONS. THE ACT OF AUGUST 24, 1912, AS AMENDED BY THE ACT OF JUNE 10, 1948, AUTHORIZES COMPENSATION FOR PERIODS OF UNJUSTIFIED OR UNWARRANTED REMOVAL ONLY TO THOSE PERSONS IN THE CLASSIFIED OR COMPETITIVE CIVIL SERVICE. SINCE AT THE TIME OF YOUR SEPARATION YOU WERE NOT IN THE CLASSIFIED SERVICE YOU ARE NOT ENTITLED TO THE BENEFITS OF THE ACT OF JUNE 10, 1948, TO RECEIVE RETROACTIVE COMPENSATION FOR THE PERIOD OF YOUR SUSPENSION OR REMOVAL. WE REGRET THAT YOU RECEIVED SOME INFORMATION TO THE CONTRARY FROM THE ADMINISTRATIVE OFFICE.

THEREFORE, THE DISALLOWANCE OF YOUR CLAIM FOR RETROACTIVE COMPENSATION WAS PROPER AND UPON REVIEW, THE SETTLEMENT IS SUSTAINED.