B-123983, JUN. 20, 1955
Highlights
FULTON: REFERENCE IS MADE TO YOUR LETTER OF MAY 2. IN WHICH YOU WERE ALLOWED THE SUM OF $562.06 UPON YOUR CLAIM FOR COMPENSATION COVERING A PERIOD OF SUSPENSION FROM THE SERVICE. THE AMOUNT ALLOWED WAS COMPUTED UPON THE BASIS OF 371 HOURS. WAS ERRONEOUS. IT WAS REQUIRED THAT YOUR REGULARLY SCHEDULED TOUR OF DUTY. IT WAS ADMINISTRATIVELY STATED THAT YOU HAD ASKED FOR PERMISSION TO WORK ONLY EVERY OTHER TWO WEEKS AS A CLASSIFIED SUBSTITUTE CLERK. THAT THIS PRACTICE WAS IN EFFECT AT THE TIME OF YOUR SUSPENSION FROM THE SERVICE. IT WAS DETERMINED THAT YOU WOULD HAVE SERVED ONLY 371 HOURS DURING THE PERIOD COVERED BY YOUR CLAIM. OR IS AVAILABLE HERE. IS SUSTAINED.
B-123983, JUN. 20, 1955
TO MRS. HATTIE B. FULTON:
REFERENCE IS MADE TO YOUR LETTER OF MAY 2, 1955, REQUESTING REVIEW OF SETTLEMENT OF APRIL 1, 1955, IN WHICH YOU WERE ALLOWED THE SUM OF $562.06 UPON YOUR CLAIM FOR COMPENSATION COVERING A PERIOD OF SUSPENSION FROM THE SERVICE, AS AN EMPLOYEE OF THE COALWOOD, WEST VIRGINIA, POST OFFICE, FROM NOVEMBER 14, 1953, TO MAY 10, 1954, UNDER THE PROVISIONS OF THE ACT OF JUNE 10, 1948, 62 STAT. 354.
THE AMOUNT ALLOWED WAS COMPUTED UPON THE BASIS OF 371 HOURS, AT THE RATE OF $1.515 PER HOUR, THE AMOUNT OF SERVICE INDICATED BY THE RECORD AS ADMINISTRATIVELY AUTHORIZED TO BE RENDERED BY YOU DURING THE PERIOD COVERED BY YOUR CLAIM. YOU FURNISH NO EVIDENCE TO SHOW THAT THE SETTLEMENT DATED APRIL 1, 1955, WAS ERRONEOUS, BUT STATE THAT, IN YOUR OPINION, THE TOTAL AMOUNT OF SERVICE CONTEMPLATED TO BE RENDERED SHOULD BE INCORPORATED IN YOUR PAY RECORDS FOR THE REASONS STATED IN YOUR LETTER.
THE ACT OF JUNE 10, 1948, SUPRA, PROVIDES, IN SUBSTANCE, THAT UPON REINSTATEMENT THE EMPLOYEE CONCERNED SHALL BE PAID COMPENSATION "AT THE RATE RECEIVED" ON DATE OF SUSPENSION,"FOR THE PERIOD FOR WHICH HE RECEIVED NO COMPENSATION WITH RESPECT TO THE POSITION.' HENCE, IN DETERMINING THE AMOUNT DUE YOU UNDER THE STATUTE, IT WAS REQUIRED THAT YOUR REGULARLY SCHEDULED TOUR OF DUTY--- EFFECTIVE AT THE TIME--- BE PROJECTED OVER THE DATE OF YOUR SUSPENSION FROM THE SERVICE.
IN REPORTING ON YOUR CLAIM, IT WAS ADMINISTRATIVELY STATED THAT YOU HAD ASKED FOR PERMISSION TO WORK ONLY EVERY OTHER TWO WEEKS AS A CLASSIFIED SUBSTITUTE CLERK, AND THAT THIS PRACTICE WAS IN EFFECT AT THE TIME OF YOUR SUSPENSION FROM THE SERVICE. IN VIEW THEREOF, IT WAS DETERMINED THAT YOU WOULD HAVE SERVED ONLY 371 HOURS DURING THE PERIOD COVERED BY YOUR CLAIM. MOREOVER, IT DOES NOT APPEAR THAT ANY USEFUL PURPOSE WOULD BE SERVED BY REQUESTING A FURTHER REPORT FROM THE POST OFFICE DEPARTMENT AT THIS TIME.
SINCE NO SATISFACTORY EVIDENCE HAS BEEN FURNISHED, OR IS AVAILABLE HERE, TO ESTABLISH THE LEGAL LIABILITY OF THE UNITED STATES FOR PAYMENT FOR ANY ADDITIONAL COMPENSATION, THE SETTLEMENT DATED APRIL 1, 1955, MUST BE, AND IS SUSTAINED.