B-154745, AUG. 10, 1964
Highlights
ON VARIOUS DATES BETWEEN JANUARY 1955 AND OCTOBER 1957 YOU WERE REEMPLOYED AT THE U.S. YOUR HIGHEST PREVIOUS RATE SHOULD HAVE BEEN CONSIDERED IN SELECTING THE PROPER SALARY STEP AT THE TIME OF THE REEMPLOYMENT. AN EMPLOYEE WHO IS REEMPLOYED * * * MAY BE PAID AT ANY SCHEDULED RATE FOR HIS GRADE WHICH DOES NOT EXCEED THE EMPLOYEE'S HIGHEST PREVIOUS RATE.'. THE THEN EXISTING POLICY OF THE DEPARTMENT OF THE NAVY WITH RESPECT TO THE ABOVE-QUOTED REGULATION IS EXPRESSED IN SECTION 195.3-3 OF NAVY CIVILIAN PERSONNEL INSTRUCTIONS AS FOLLOWS: "A. AN EMPLOYEE WHO IS * * * REEMPLOYED * * * MAY BE PAID AT THE MINIMUM STEP OF THE GRADE OR AT ANY GRADE WHICH DOES NOT EXCEED HIS HIGHEST PREVIOUS RATE AS DEFINED IN NCPI 195.2-2 1.'.
B-154745, AUG. 10, 1964
TO MR. SOCRATES P. STAMATELAKY ET AL., U.S. NAVAL STATION:
THIS REFERS TO YOUR LETTER DATED JUNE 22, 1964, BEARING THE SIGNATURES OF SOCRATES P. STAMATELAKY, RUFINO D. DIONEDA, ARGUILITO N. ESTIMO, ARTEMIO P. AGBUNAG, MACARIO A. RAMOS, JR., CRESENCID G. PATNON, EUFRONSINO P. FILOMENO, PEDRO S. GUTANA, MAXIMIANO R. AQUISAP, RODOLFO A. SILAPAN, PEPITO R. CRUZ, DANIEL O. GUEVARA, CORNELIO A. BELT RAN, FRANCISCO G. MAREPOSQUE, AND VINCENTE Y. TOLERO, AND REQUESTING REVIEW OF OUR OFFICE SETTLEMENTS DATED MARCH 30, 1964, WHICH DISALLOWED YOUR CLAIMS FOR RETROACTIVE ADJUSTMENT IN COMPENSATION AS EMPLOYEES OF THE U.S. NAVAL STATION, SUBIC BAY, PHILIPPINES.
ON VARIOUS DATES BETWEEN JANUARY 1955 AND OCTOBER 1957 YOU WERE REEMPLOYED AT THE U.S. NAVAL STATION, SUBIC BAY, IN STEP 1 OF THE GRADE AT WHICH REEMPLOYED. YOU CONTEND THAT SINCE YOUR SEPARATION HAD OCCURRED LESS THAN ONE YEAR PRIOR TO YOUR REEMPLOYMENT WITH THE NAVY, YOUR HIGHEST PREVIOUS RATE SHOULD HAVE BEEN CONSIDERED IN SELECTING THE PROPER SALARY STEP AT THE TIME OF THE REEMPLOYMENT.
SECTION 25.103 OF THE REGULATIONS OF THE UNITED STATES CIVIL SERVICE COMMISSION AS SET FORTH IN THE FEDERAL PERSONNEL MANUAL (APPLICABLE AT THE TIME OF YOUR REEMPLOYMENT) PROVIDES IN PART AS FOLLOWS:
"/B) (1) SUBJECT TO THE MANDATORY REQUIREMENTS OF PARAGRAPH (D) OF THIS SECTION AND SECTION 25.104 (NOT APPLICABLE IN THIS CASE), AN EMPLOYEE WHO IS REEMPLOYED * * * MAY BE PAID AT ANY SCHEDULED RATE FOR HIS GRADE WHICH DOES NOT EXCEED THE EMPLOYEE'S HIGHEST PREVIOUS RATE.'
THE THEN EXISTING POLICY OF THE DEPARTMENT OF THE NAVY WITH RESPECT TO THE ABOVE-QUOTED REGULATION IS EXPRESSED IN SECTION 195.3-3 OF NAVY CIVILIAN PERSONNEL INSTRUCTIONS AS FOLLOWS:
"A. AN EMPLOYEE WHO IS * * * REEMPLOYED * * * MAY BE PAID AT THE MINIMUM STEP OF THE GRADE OR AT ANY GRADE WHICH DOES NOT EXCEED HIS HIGHEST PREVIOUS RATE AS DEFINED IN NCPI 195.2-2 1.'
THERE IS NO VESTED RIGHT IN AN EMPLOYEE UPON REEMPLOYMENT TO BE PAID THE HIGHEST SALARY RATE PREVIOUSLY PAID TO HIM, AND IT IS WITHIN THE ADMINISTRATIVE DISCRETION TO FIX THE INITIAL SALARY RATE AT THE MINIMUM SALARY OF THE GRADE TO WHICH APPOINTED. THUS, THE ACTION OF THE COMMANDING OFFICER AT THE U.S. NAVAL STATION, SUBIC BAY, IN SETTING YOUR SALARY AT STEP 1OF THE GRADE UPON REEMPLOYMENT DID NOT VIOLATE THE PROVISIONS OF THE NCPI, OR THE REGULATIONS OF THE UNITED STATES CIVIL SERVICE COMMISSION. ACCORDINGLY, SINCE WE ARE UNABLE TO FIND ANY VIOLATION OF A NONDISCRETIONARY POLICY OR REGULATION IN FIXING YOUR SALARY RATE UPON REEMPLOYMENT, THE DISALLOWANCE OF YOUR CLAIM IS SUSTAINED.