B-134672, MAY 8, 1958
Highlights
JAMES WHICH WAS THE SUBJECT OF A LETTER DATED JANUARY 8. WAS PROCEDURALLY DEFECTIVE SO THAT SHE CONSTRUCTIVELY REMAINED IN SERVICE AND BECAME ENTITLED TO CAREER STATUS AS OF JANUARY 23. ASSUMING THAT NO FURTHER APPEAL HAS BEEN OR WILL BE TAKEN.
B-134672, MAY 8, 1958
TO THE SECRETARY OF THE NAVY:
WE REFER TO OUR LETTER OF FEBRUARY 4, 1958, TO YOU, CONCERNING BACK PAY PAID TO MRS. MABEL H. JAMES WHICH WAS THE SUBJECT OF A LETTER DATED JANUARY 8, 1958, REFERENCE OIR 110A:LMR, FROM THE CHIEF OF INDUSTRIAL RELATIONS.
WITH HIS LETTER OF APRIL 17, 1958, THE ACTING CHAIRMAN OF THE UNITED STATES CIVIL SERVICE COMMISSION FURNISHED US A COPY OF THE DECISION DATED MARCH 27, 1958, OF THE REGIONAL DIRECTOR (TWELFTH REGION) TO THE EFFECT THAT THE REMOVAL OF MRS. JAMES ON JANUARY 25, 1954, WAS PROCEDURALLY DEFECTIVE SO THAT SHE CONSTRUCTIVELY REMAINED IN SERVICE AND BECAME ENTITLED TO CAREER STATUS AS OF JANUARY 23, 1955, UNDER SECTION 201 (A) OF EXECUTIVE ORDER NO. 10577.
ASSUMING THAT NO FURTHER APPEAL HAS BEEN OR WILL BE TAKEN, THE PAYMENT OF BACK PAY FOR THE PERIOD JANUARY 23, 1955, THROUGH DECEMBER 16, 1956, MAY BE ALLOWED TO STAND, IN ACCORDANCE WITH OUR DECISION OF FEBRUARY 4, 1958, TO THE CHAIRMAN OF THE CIVIL SERVICE COMMISSION, A COPY OF WHICH WE FURNISHED YOU WITH OUR LETTER OF THE SAME DATE. OF COURSE, UNLESS THE INDEBTEDNESS HAS ALREADY BEEN LIQUIDATED, EFFORTS TO COLLECT THE ERRONEOUS PAYMENT FOR THE PERIOD NOVEMBER 3, 1953, THROUGH JANUARY 22, 1955, SHOULD CONTINUE.