B-115016, JUNE 17, 1953, 32 COMP. GEN. 552

B-115016, JUNE 17, 1953, 32 COMP. GEN. 552

COMPENSATION - REDUCTION - RESTORATION - BACK PAY RIGHTS A DEMOTED PREFERENCE ELIGIBLE EMPLOYEE WHO IS RESTORED TO FORMER POSITION AFTER A SUCCESSFUL APPEAL UNDER THE VETERANS PREFERENCE ACT OF 1944, AS AMENDED, WHICH GIVES SPECIAL PREFERENCE TO VETERANS IN CONNECTION WITH DEMOTIONS, SUSPENSIONS, DISCHARGES, AND APPEALS BUT WHICH DOES NOT AUTHORIZE BACK PAY, IS NOT ENTITLED TO THE DIFFERENCE IN PAY BETWEEN THE TWO POSITIONS FOR THE PERIOD OF THE DEMOTION.

COMPTROLLER GENERAL WARREN TO ABRAHAM D. THOMPSON, JUNE 17, 1953:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF APRIL 12, 1953, RELATIVE TO OFFICE SETTLEMENT DATED NOVEMBER 20, 1952, WHICH DISALLOWED YOUR CLAIM FOR WAGES ALLEGED TO BE DUE FOR THE PERIOD JANUARY 13, 1947 TO FEBRUARY 9, 1947, DURING WHICH TIME YOU HAD BEEN DEMOTED FROM THE POSITION OF PLANNER AND ESTIMATOR TO THAT OF PIPEFITTER FIRST CLASS--- YOUR CLAIM BEING ASSERTED FOR THE DIFFERENCE IN PAY BETWEEN THE TWO POSITIONS. THE DISALLOWANCE OF YOUR CLAIM WAS FOR THE REASON THAT WHILE YOU APPEALED SUCH ACTION UNDER THE VETERANS PREFERENCE ACT OF 1944, 58 STAT. 390, AND THE CIVIL SERVICE COMMISSION, AFTER INVESTIGATION AND CONSIDERATION OF THE EVIDENCE PRESENTED, SUBMITTED ITS FINDINGS AND RECOMMENDATION TO THE ADMINISTRATIVE OFFICE CONCERNED, WHICH RECOMMENDATION WAS FOLLOWED AND RESTORATION TO THE PLANNER AND ESTIMATOR POSITION WAS EFFECTED FEBRUARY 10, 1947, THAT ACT VESTS NO AUTHORITY IN THE CIVIL SERVICE COMMISSION OR THE PARTICULAR DEPARTMENT OR ESTABLISHMENT CONCERNED TO RESTORE YOU TO DUTY AT THE HIGHER GRADE FROM THE DATE OF THE REDUCTION.

SECTION 14 OF THE VETERANS PREFERENCE ACT OF 1944, 58 STAT. 390, GIVES SPECIAL PREFERENCE TO VETERANS IN THE WAY OF PRIOR NOTICE IN CONNECTION WITH THEIR DISCHARGE, SUSPENSION FOR MORE THAN 30 DAYS, FURLOUGH WITHOUT PAY, REDUCTION IN RANK OR COMPENSATION, OR DEBARMENT FOR FUTURE APPOINTMENT. ALSO, AS AMENDED BY THE ACT OF AUGUST 4, 1947, 61 STAT. 723, IT GRANTS TO SUCH PREFERENCE ELIGIBLES CERTAIN RIGHTS OF APPEAL TO THE CIVIL SERVICE COMMISSION FROM ADVERSE ADMINISTRATIVE ACTS AND PROVIDES FOR MANDATORY COMPLIANCE WITH INDIVIDUAL ACTION RECOMMENDED BY THE COMMISSION. HOWEVER, THE STATUTE CONTAINS NO PROVISION, EXPRESS OR IMPLIED, WHICH WOULD SERVE TO OBLIGATE THE SALARY APPROPRIATION FOR THE COMPENSATION LOST BY AN EMPLOYEE WHO IS DISCHARGED, SUSPENDED, FURLOUGHED, OR REDUCED IN RANK OR COMPENSATION, AND WHO THEREAFTER, AS A CONSEQUENCE OF APPEAL, IS REINSTATED OR RESTORED TO HIS FORMER POSITION, RANK OR DATE OF COMPENSATION. 25 COMP. GEN. 620; 28 ID. 489.

IN VIEW OF THE FOREGOING OFFICE SETTLEMENT DATED NOVEMBER 20, 1952, MUST BE SUSTAINED. THIS ACTION IN NOWISE PRECLUDES YOU FROM FILING SUIT IN THE COURT OF CLAIMS IF YOU WISH TO PURSUE THAT REMEDY.