B-151102, MAY 7, 1963

B-151102: May 7, 1963

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WE UNDERSTAND THAT NO BREAK IN SERVICE WAS INVOLVED. HECKATHORN'S RESIGNATION IT WAS ASSUMED THAT THE COURT OF CLAIMS WOULD ACCEPT THE TRANSFER OF ANNUAL LEAVE TO HER CREDIT. WE HAVE BEEN INFORMED BY THE COURT OF CLAIMS THAT SUCH A TRANSFER IS NOT ACCEPTABLE. WE WERE ADVISED BY THE CLERK OF THAT COURT ON APRIL 23. HECKATHORN'S CASE IS SATISFACTORY TO YOUR DEPARTMENT.

B-151102, MAY 7, 1963

TO THE ATTORNEY GENERAL:

ON MARCH 19, 1963, THE ADMINISTRATIVE ASSISTANT ATTORNEY GENERAL REFERRED FOR OUR CONSIDERATION THE QUESTION OF THE PROPRIETY OF MAKING A LUMP SUM LEAVE PAYMENT TO MRS. ONDA G. HECKATHORN WHO RESIGNED FROM HER GS-6 POSITION IN THE DEPARTMENT OF JUSTICE TO ACCEPT A POSITION IN THE COURT OF CLAIMS, EFFECTIVE MARCH 18, 1963. WE UNDERSTAND THAT NO BREAK IN SERVICE WAS INVOLVED.

THE LETTER OF THE ADMINISTRATIVE ASSISTANT ATTORNEY GENERAL SETS FORTH THE PERTINENT FACTS IN MRS. HECKATHORN'S CASE AS FOLLOWS:

"IN PROCESSING MRS. HECKATHORN'S RESIGNATION IT WAS ASSUMED THAT THE COURT OF CLAIMS WOULD ACCEPT THE TRANSFER OF ANNUAL LEAVE TO HER CREDIT. HOWEVER, WE HAVE BEEN INFORMED BY THE COURT OF CLAIMS THAT SUCH A TRANSFER IS NOT ACCEPTABLE, AND THAT THE DEPARTMENT OF JUSTICE SHOULD MAKE A LUMP SUM PAYMENT TO MRS. HECKATHORN FOR ALL ANNUAL LEAVE TO HER CREDIT AS OF THE CLOSE OF BUSINESS MARCH 16, 1963.'

IN RESPONSE TO OUR REQUEST FOR A REPORT OF THE VIEWS OF THE UNITED STATES COURT OF CLAIMS, CONCERNING MRS. HECKATHORN'S CASE, WE WERE ADVISED BY THE CLERK OF THAT COURT ON APRIL 23, 1963, THAT "THE COURT HAS DECIDED TO ALLOW MRS. HECKATHORN A CREDIT OF THE ANNUAL LEAVE SHE HAD STANDING TO HER CREDIT AT THE TIME SHE LEFT THE DEPARTMENT OF JUSTICE.'

WE TRUST THAT THIS DISPOSITION OF MRS. HECKATHORN'S CASE IS SATISFACTORY TO YOUR DEPARTMENT.