B-129720, AUG. 22, 1957
Highlights
YOUR CLAIM WAS DISALLOWED. THAT ACTION WAS SUSTAINED IN A DECISION B-129720. YOUR ATTENTION IS DIRECTED TO A RECENT DECISION OF THE COURT OF CLAIMS. AMOUNT TO A REMOVAL OF PLAINTIFF FROM FEDERAL EMPLOYMENT AND WE KNOW OF NO AUTHORITY ON WHICH MIGHT BE BASED A DECISION THAT SHE IS ENTITLED TO PAID FOR A JOB TO WHICH SHE WAS NOT APPOINTED AND FROM WHICH SHE WAS NOT. IS REAFFIRMED.
B-129720, AUG. 22, 1957
TO MR. MELVIN J. BETTINGER, SR.:
YOUR LETTER OF JULY 2, 1957, REQUESTS FURTHER CONSIDERATION OF YOUR CLAIM FOR COMPENSATION FOR THE PERIOD OF THE ALLEGED IMPROPER DELAY OF THE DEPARTMENT OF THE ARMY--- MAY 5, 1953, TO AUGUST 31, 1953--- IN RECOGNIZING YOUR REEMPLOYMENT PRIORITY RIGHTS INCIDENT TO YOUR SEPARATION, IN A REDUCTION IN FORCE, FROM THE OFFICE OF RENT STABILIZATION.
BY OUR OFFICE SETTLEMENT OF OCTOBER 12, 1956, YOUR CLAIM WAS DISALLOWED. THAT ACTION WAS SUSTAINED IN A DECISION B-129720, DATED DECEMBER 28, 1956, TO YOU. WE MUST ADVISE YOU THAT UPON FURTHER CONSIDERATION OF YOUR CLAIM WE FIND NO BASIS FOR FAVORABLE ACTION. YOUR ATTENTION IS DIRECTED TO A RECENT DECISION OF THE COURT OF CLAIMS, HYMAN V. UNITED STATES, C.CLS. NO. 284-55, DECIDED JUNE 5, 1957, WHEREIN THE COURT STATED:
"* * * BECAUSE OF HER REEMPLOYMENT PRIORITY RIGHTS, PLAINTIFF MERELY HAD A RIGHT TO PRIORITY IN SECURING A JOB IN THE HOUSING ADMINISTRATION. THE REFUSAL OF THE HOUSING ADMINISTRATION TO RECOGNIZE PLAINTIFF'S ELIGIBILITY FOR APPOINTMENT TO THE VACANCY WHICH THE COMMISSION ULTIMATELY HELD HER QUALIFIED TO FILL DID NOT, IN OUR OPINION, AMOUNT TO A REMOVAL OF PLAINTIFF FROM FEDERAL EMPLOYMENT AND WE KNOW OF NO AUTHORITY ON WHICH MIGHT BE BASED A DECISION THAT SHE IS ENTITLED TO PAID FOR A JOB TO WHICH SHE WAS NOT APPOINTED AND FROM WHICH SHE WAS NOT, OF NECESSITY, REMOVED.'
THEREFORE, THE SETTLEMENT OF OCTOBER 12, 1956, IS REAFFIRMED.