B-143687, DEC. 21, 1961

B-143687: Dec 21, 1961

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THE CLAIM WAS DISALLOWED FOR THE REASON THAT. THE CLAIMANT WAS EXCLUDED FROM LEAVE BENEFITS BY THE PROVISIONS OF SECTION 202 (B) (1) (B) OF THE ANNUAL AND SICK LEAVE ACT OF 1951. IN THE ABSENCE OF ANY SHOWING THAT THE EXCLUSION PROVISIONS OF THE STATUTE WERE INCORRECTLY APPLIED. THAT SETTLEMENT IS HEREBY SUSTAINED. THAT THE MATTER IS IN THE PRETRIAL STAGE BEFORE A COMMISSIONER OF THE COURT.

B-143687, DEC. 21, 1961

TO MR. NED E. HETT:

YOUR LETTER OF NOVEMBER 15, 1961, REQUESTS REVIEW OF OUR SETTLEMENT OF APRIL 27, 1960, WHICH DISALLOWED THE CLAIM OF MR. RICHARD B. HADAWAY FOR ANNUAL AND SICK LEAVE BENEFITS WHILE EMPLOYED AS A RELIEF OFFICER, MILITARY SEA TRANSPORTATION SERVICE.

THE CLAIM WAS DISALLOWED FOR THE REASON THAT, AS A WAE EMPLOYEE WITHOUT A REGULAR TOUR OF DUTY, THE CLAIMANT WAS EXCLUDED FROM LEAVE BENEFITS BY THE PROVISIONS OF SECTION 202 (B) (1) (B) OF THE ANNUAL AND SICK LEAVE ACT OF 1951, 65 STAT. 679, 5 U.S.C. 2061 (B) (1) (B), CONCERNING PART-TIME EMPLOYEES FOR WHOM THERE HAS NOT BEEN ESTABLISHED A REGULAR TOUR OF DUTY DURING EACH ADMINISTRATIVE WORKWEEK. IN THE ABSENCE OF ANY SHOWING THAT THE EXCLUSION PROVISIONS OF THE STATUTE WERE INCORRECTLY APPLIED, NO BASIS EXISTS UPON THE PRESENT RECORD FOR A REVISION OF THE SETTLEMENT; HENCE, THAT SETTLEMENT IS HEREBY SUSTAINED.

WE UNDERSTAND THAT NO FINAL ACTION HAS BEEN TAKEN ON THE CLAIMS INVOLVED IN THE CASE OF JOHN T. LEMILY, ET AL. V. UNITED STATES, IN THE COURT OF CLAIMS, TO WHICH YOU REFER, BUT THAT THE MATTER IS IN THE PRETRIAL STAGE BEFORE A COMMISSIONER OF THE COURT. CONSEQUENTLY, THAT CASE DOES NOT AT THIS TIME FURNISH A BASIS FOR OUR CONSIDERING ANY DIFFERENT ACTION ON THE INSTANT CLAIM FROM THAT PREVIOUSLY TAKEN.