B-144272, JUN. 21, 1961
Highlights
BARCENAS WAS ACTUALLY EMPLOYED FULL TIME AND WAS NOT IN A PROBATIONARY OR TEMPORARY EMPLOYMENT STATUS UNDER HIS APPOINTMENT OF JUNE 23. WE FIND NO EVIDENCE OF RECORD INDICATING HE OTHERWISE IS INELIGIBLE FOR BACK PAY BENEFITS. THIS VIEW IS BASED UPON THE INFORMATION CONTAINED IN THE STANDARD FORMS 50 ENCLOSED WITH YOUR RECENT LETTER. BARCENAS WAS RESTORED TO DUTY. THAT HIS STATUS WAS CONVERTED TO THAT OF CAREER APPOINTEE. THAT THOSE EMPLOYEES WHO HAD BEEN RESTORED TO DUTY ON THE GROUND THAT THEIR REMOVALS WERE UNJUSTIFIED OR UNWARRANTED AND WHO WERE NOT IN A PROBATIONARY STATUS WERE ENTITLED TO BACK PAY FOR THE PERIODS OF THEIR SEPARATIONS. IS EQUALLY APPLICABLE TO THE CASE OF MR. THE QUESTION REGARDING THE APPLICABILITY OF THE CIVIL SERVICE RETIREMENT ACT TO HIS EMPLOYMENT FROM 1952 TO 1960 IS FOR DETERMINATION BY THE CIVIL SERVICE COMMISSION AND NOT BY THE GENERAL ACCOUNTING OFFICE.
B-144272, JUN. 21, 1961
TO MR. G. ZEBERLEIN, DISBURSING OFFICER, RODMAN, CANAL ZONE:
THIS REFERS TO YOUR LETTER OF DECEMBER 7, 1960, COM:LDC:MS 7200/1, AND SUBSEQUENT CORRESPONDENCE, REQUESTING OUR DECISION CONCERNING THE PROPRIETY OF GRANTING BACK PAY TO ROBER O. BARCENAS, A DISPLACED STATUS QUO EMPLOYEE AT THE NAVAL STATION, RODMAN, CANAL ZONE, FOR THE PERIOD MARCH 31, 1960, THE DATE OF HIS SEPARATION, TO THE DATE OF HIS RESTORATION.
ON THE BASIS OF THE INFORMATION CONTAINED IN YOUR RECENT CORRESPONDENCE, RECEIVED HERE ON MAY 16, 1961, IT NOW APPEARS THAT MR. BARCENAS WAS ACTUALLY EMPLOYED FULL TIME AND WAS NOT IN A PROBATIONARY OR TEMPORARY EMPLOYMENT STATUS UNDER HIS APPOINTMENT OF JUNE 23, 1958. MOREOVER, WE FIND NO EVIDENCE OF RECORD INDICATING HE OTHERWISE IS INELIGIBLE FOR BACK PAY BENEFITS. THIS VIEW IS BASED UPON THE INFORMATION CONTAINED IN THE STANDARD FORMS 50 ENCLOSED WITH YOUR RECENT LETTER, WHICH ALSO SHOW THAT MR. BARCENAS WAS RESTORED TO DUTY, EFFECTIVE NOVEMBER 7, 1960, AND THAT HIS STATUS WAS CONVERTED TO THAT OF CAREER APPOINTEE, UNDER THE CANAL ZONE MERIT SYSTEM, RETROACTIVE TO JANUARY 1960.
IN OUR DECISION OF NOVEMBER 4, 1960, B-144272, TO YOU, WE HELD, IN THE CONSIDERATION OF SEVERAL EMPLOYEES SIMILARLY SITUATED, THAT THOSE EMPLOYEES WHO HAD BEEN RESTORED TO DUTY ON THE GROUND THAT THEIR REMOVALS WERE UNJUSTIFIED OR UNWARRANTED AND WHO WERE NOT IN A PROBATIONARY STATUS WERE ENTITLED TO BACK PAY FOR THE PERIODS OF THEIR SEPARATIONS.
IN VIEW OF THE FOREGOING FACTS AND CIRCUMSTANCES, OUR DECISION OF NOVEMBER 4, 1960, B-144272, IS EQUALLY APPLICABLE TO THE CASE OF MR. BARCENAS; THEREFORE, HE MAY BE PAID BACK PAY IN THE PROPER AMOUNT.
THE QUESTION REGARDING THE APPLICABILITY OF THE CIVIL SERVICE RETIREMENT ACT TO HIS EMPLOYMENT FROM 1952 TO 1960 IS FOR DETERMINATION BY THE CIVIL SERVICE COMMISSION AND NOT BY THE GENERAL ACCOUNTING OFFICE.