B-148317, APR. 10, 1962
Highlights
ON THE BASIS THAT JUNE 9 SHOULD HAVE BEEN THE EFFECTIVE DATE OF YOUR PROMOTION. PAYMENT OF YOUR CLAIM WAS DENIED ON THE BASIS OF OUR HOLDING IN 30 COMP. THAT DECISION HELD THAT THE EFFECTIVE DATE OF SALARY CHANGES RESULTING FROM ADMINISTRATIVE ALLOCATIONS OR REALLOCATIONS OF POSITIONS IS THE DATE WHEN ACTION IS TAKEN BY THE PROPER ADMINISTRATIVE OFFICER FINALLY TO ALLOCATE OR REALLOCATE THE POSITION. THE RECORD SHOWS THAT AS THE RESULT OF A CYCLIC AUDIT YOU WERE PROMOTED ON JUNE 29. YOU CONTEND THAT THE NECESSARY ADMINISTRATIVE APPROVAL WAS MADE ON OR ABOUT JUNE 9. THERE IS NOTHING OF RECORD TO SUBSTANTIATE YOUR CONTENTION. WERE FORWARDED TO THE BRANCH CHIEF ON JUNE 9. ACTION BY THE BRANCH CHIEF WAS NOT TAKEN IMMEDIATELY BECAUSE OF OTHER ACTIONS IN THE GROUP REQUEST ABOUT WHICH THERE WAS SOME QUESTION.
B-148317, APR. 10, 1962
TO MR. DAVID A RUHL:
YOUR LETTER OF FEBRUARY 21, 1962, REQUESTS RECONSIDERATION OF OUR SETTLEMENT OF DECEMBER 8, 1961, WHICH DISALLOWED YOUR CLAIM FOR ADDITIONAL COMPENSATION ALLEGED TO BE DUE FROM JUNE 9, 1958, ON THE BASIS THAT JUNE 9 SHOULD HAVE BEEN THE EFFECTIVE DATE OF YOUR PROMOTION.
PAYMENT OF YOUR CLAIM WAS DENIED ON THE BASIS OF OUR HOLDING IN 30 COMP. GEN. 156. THAT DECISION HELD THAT THE EFFECTIVE DATE OF SALARY CHANGES RESULTING FROM ADMINISTRATIVE ALLOCATIONS OR REALLOCATIONS OF POSITIONS IS THE DATE WHEN ACTION IS TAKEN BY THE PROPER ADMINISTRATIVE OFFICER FINALLY TO ALLOCATE OR REALLOCATE THE POSITION, OR SUCH LATER DATE AS MAY BE ADMINISTRATIVELY FIXED.
THE RECORD SHOWS THAT AS THE RESULT OF A CYCLIC AUDIT YOU WERE PROMOTED ON JUNE 29, 1958, FROM GRADE GS-11 (F), $8,230 PER ANNUM TO GRADE GS-12 (E), $8,810 PER ANNUM. YOU CONTEND THAT THE NECESSARY ADMINISTRATIVE APPROVAL WAS MADE ON OR ABOUT JUNE 9, 1958. HOWEVER, THERE IS NOTHING OF RECORD TO SUBSTANTIATE YOUR CONTENTION. THE RECORD SHOWS THAT THE RESULTS OF A CLASSIFICATION SURVEY, INCLUDING YOUR POSITION, WERE FORWARDED TO THE BRANCH CHIEF ON JUNE 9, 1958. ACTION BY THE BRANCH CHIEF WAS NOT TAKEN IMMEDIATELY BECAUSE OF OTHER ACTIONS IN THE GROUP REQUEST ABOUT WHICH THERE WAS SOME QUESTION. THE BRANCH CHIEF SIGNED THE GROUP ACTION REQUEST LIST ON JUNE 25, 1958. YOUR PROMOTION TO THE GRADE GS-12 POSITION, WHICH IS A SEPARATE AND DISTINCT ACTION FROM THE RECLASSIFICATION OF THE POSITION, WAS EFFECTIVE JUNE 29, 1958. SINCE THE ADMINISTRATIVE OFFICE EXERCISED ITS DISCRETION IN FIXING THE EFFECTIVE DATE AT THAT TIME, AND SINCE THERE IS NO SHOWING THAT THE ACTION WAS UNREASONABLE, THERE IS NO MERIT TO YOUR CLAIM. SEE 37 COMP. GEN. 492. THE FACT THAT YOU WITHDREW YOUR APPLICATION FOR AN OPEN POSITION UPON THE REPRESENTATION THAT THE RECLASSIFICATION ACTION WOULD RESULT IN EQUAL PAY WITH SUCH POSITION, CANNOT OPERATE TO INCREASE THE COMPENSATION ALLOWABLE FOR THE POSITION YOU OCCUPY.