B-140798, SEP. 30, 1959
Highlights
- IS SECTION 6 (B) (2) OF THE ACT OF AUGUST 24. THAT ACT PROVIDES AS FOLLOWS: "ANY PERSON WHO IS DISCHARGED. IS REINSTATED OR RESTORED TO DUTY ON THE GROUND THAT SUCH DISCHARGE. OR FURLOUGH WAS UNJUSTIFIED OR UNWARRANTED. OR FURLOUGH FOR THE PERIOD FOR WHICH HE RECEIVED NO COMPENSATION WITH RESPECT TO THE POSITION FROM WHICH HE WAS DISCHARGED. SHALL FOR ALL PURPOSES EXCEPT THE ACCUMULATION OF LEAVE BE DEEMED TO HAVE RENDERED SERVICE DURING SUCH PERIOD.'. THERE IS NO BASIS FOR HOLDING THAT ANY LEAVE FOR WHICH PAYMENT IS DUE ACCRUED DURING THE PERIOD OF YOUR REMOVAL.
B-140798, SEP. 30, 1959
TO MR. JOHN J. KEARNS:
YOUR LETTER OF SEPTEMBER 1, 1959, REQUEST RECONSIDERATION OF OUR SETTLEMENT OF AUGUST 13, 1956, WHICH DISALLOWED YOUR CLAIM FOR PAYMENT FOR ANNUAL LEAVE ACCRUAL DURING CERTAIN PERIODS OF IMPROPER REMOVAL FROM SERVICE AS AN EMPLOYEE OF THE WATERTOWN ARSENAL, WATERTOWN, MASSACHUSETTS.
THE AUTHORITY FOR PAYMENT OF BACK PAY IN CASES SUCH AS YOURS--- INVOLVING DISMISSAL ACTIONS UNDER SECTION 14 OF THE VETERANS PREFERENCE ACT OF 1944, AS AMENDED--- IS SECTION 6 (B) (2) OF THE ACT OF AUGUST 24, 1912, AS AMENDED BY THE ACT OF JUNE 10, 1948, 62 STAT. 355. THAT ACT PROVIDES AS FOLLOWS:
"ANY PERSON WHO IS DISCHARGED, SUSPENDED, OR FURLOUGHED WITHOUT PAY, UNDER SECTION 14 OF THE VETERANS' PREFERENCE ACT OF 1944, AS AMENDED, WHO, AFTER ANSWERING THE REASONS ADVANCED FOR SUCH DISCHARGE, SUSPENSION, OR FURLOUGH OR AFTER AN APPEAL TO THE CIVIL SERVICE COMMISSION, AS PROVIDED UNDER SUCH SECTION, IS REINSTATED OR RESTORED TO DUTY ON THE GROUND THAT SUCH DISCHARGE, SUSPENSION, OR FURLOUGH WAS UNJUSTIFIED OR UNWARRANTED, SHALL BE PAID COMPENSATION AT THE RATE RECEIVED ON THE DATE OF SUCH DISCHARGE, SUSPENSION, OR FURLOUGH FOR THE PERIOD FOR WHICH HE RECEIVED NO COMPENSATION WITH RESPECT TO THE POSITION FROM WHICH HE WAS DISCHARGED, SUSPENDED, OR FURLOUGHED, LESS ANY AMOUNTS EARNED BY HIM THROUGH OTHER EMPLOYMENT DURING SUCH PERIOD, AND SHALL FOR ALL PURPOSES EXCEPT THE ACCUMULATION OF LEAVE BE DEEMED TO HAVE RENDERED SERVICE DURING SUCH PERIOD.' IN VIEW OF THE UNDERSCORED PORTION OF THE BACK PAY STATUTE JUST QUOTED, THERE IS NO BASIS FOR HOLDING THAT ANY LEAVE FOR WHICH PAYMENT IS DUE ACCRUED DURING THE PERIOD OF YOUR REMOVAL. THEREFORE, OUR PREVIOUS ACTION DISALLOWING YOUR CLAIM FOR SUCH PAYMENT MUST BE SUSTAINED.
THE CASE OF LEINER V. UNITED STATES, DECIDED BY THE UNITED STATES COURT OF CLAIMS ON OCTOBER 8, 1958, CITED BY YOU, INVOLVED THE ACT OF AUGUST 26, 1950, 64 STAT. 476, DEALING WITH SUSPENSIONS AND REMOVALS FOR NATIONAL SECURITY REASONS, RATHER THAN SECTION 14 OF THE VETERANS PREFERENCE ACT. THE COURT'S DECISION IN THAT CASE OF THE MATTER OF LEAVE; HOWEVER, WE MAY POINT OUT THAT THE 1950 STATUTE DOES NOT CONTAIN ANY LEAVE ACCUMULATION RESTRICTIONS SUCH AS THOSE IN THE 1912 ACT, AS AMENDED, QUOTED ABOVE.