B-130851, MAR. 12, 1957

B-130851: Mar 12, 1957

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YOU WERE NOTIFIED BY STANDARD FROM 50. YOU WERE REMOVED EFFECTIVE MAY 10. UPON ADMINISTRATIVE APPEAL WERE RESTORED ON MAY 9. COMPENSATION FOR THE PERIOD OF SEPARATION WAS REFUSED ADMINISTRATIVELY UPON THE GROUND THAT YOUR CASE WAS NOT WITHIN THE PURVIEW OF THE ACT OF JUNE 10. IS LIMITED BY ITS TERMS TO PERSONS "IN THE CLASSIFIED CIVIL SERVICE OF THE UNITED STATES.'. IS DEFINED BY STATUTE AS BEING SYNONYMOUS WITH COMPETITIVE STATUS. SINCE YOU DID NOT HAVE COMPETITIVE STATUS ON MAY 10. YOU WERE NOT IN THE CLASSIFIED CIVIL SERVICE OF THE UNITED STATES. PAYMENT OF COMPENSATION TO YOU FOR THE PERIOD OF YOUR REMOVAL WAS PROPERLY DENIED BECAUSE APPROPRIATIONS FOR PERSONAL SERVICES ARE NOT AVAILABLE FOR PAYMENT FOR PERIODS WHEN NO SERVICES ARE RENDERED UNLESS CHARGED TO AUTHORIZED LEAVE OR WHEN THE EMPLOYEE OTHERWISE COMES WITHIN THE TERMS OF THE ACT OF JUNE 10.

B-130851, MAR. 12, 1957

TO MRS. ANN E. AVANT:

YOUR LETTER OF FEBRUARY 10, 1957, TO THE PRESIDENT, HAS BEEN REFERRED TO OUR OFFICE FOR CONSIDERATION AND REPLY. IT REQUESTS RECONSIDERATION OF OUR SETTLEMENT DATED DECEMBER 8, 1955, WHICH DISALLOWED YOUR CLAIM FOR COMPENSATION FOR THE PERIOD OF YOUR SEPARATION FROM THE ROBINS AIR FORCE BASE, GEORGIA.

YOU RECEIVED A TEMPORARY (EMERGENCY-INDEFINITE) APPOINTMENT, EFFECTIVE DECEMBER 7, 1950, UNDER AUTHORITY OF CIVIL SERVICE REGULATION 2.114 (H), THEN IN EFFECT. YOU WERE NOTIFIED BY STANDARD FROM 50, DATED NOVEMBER 6, 1950, THAT THE APPOINTMENT DID NOT CONFER COMPETITIVE CIVIL SERVICE STATUS. YOU WERE REMOVED EFFECTIVE MAY 10, 1954, AND UPON ADMINISTRATIVE APPEAL WERE RESTORED ON MAY 9, 1955. COMPENSATION FOR THE PERIOD OF SEPARATION WAS REFUSED ADMINISTRATIVELY UPON THE GROUND THAT YOUR CASE WAS NOT WITHIN THE PURVIEW OF THE ACT OF JUNE 10, 1948, PUBLIC LAW 623, 80TH CONGRESS.

SECTION 6 OF THE ACT OF AUGUST 24, 1912, AS AMENDED BY THE ACT OF JUNE 10, 1948, 62 STAT. 354, PUBLIC LAW 623, AUTHORIZING THE PAYMENT OF COMPENSATION TO EMPLOYEES FOR PERIODS OF UNJUSTIFIED OR UNWARRANTED REMOVAL, OR SUSPENSION WITHOUT PAY, IS LIMITED BY ITS TERMS TO PERSONS "IN THE CLASSIFIED CIVIL SERVICE OF THE UNITED STATES.' THE EXPRESSION "CLASSIFIED CIVIL SERVICE," AS IT APPEARS IN THE VARIOUS ACTS OF CONGRESS, IS DEFINED BY STATUTE AS BEING SYNONYMOUS WITH COMPETITIVE STATUS, 5 U.S.C. 679, NOW 5 U.S.C. 658. SINCE YOU DID NOT HAVE COMPETITIVE STATUS ON MAY 10, 1954, THE DATE OF YOUR REMOVAL, YOU WERE NOT IN THE CLASSIFIED CIVIL SERVICE OF THE UNITED STATES. CONSEQUENTLY, PAYMENT OF COMPENSATION TO YOU FOR THE PERIOD OF YOUR REMOVAL WAS PROPERLY DENIED BECAUSE APPROPRIATIONS FOR PERSONAL SERVICES ARE NOT AVAILABLE FOR PAYMENT FOR PERIODS WHEN NO SERVICES ARE RENDERED UNLESS CHARGED TO AUTHORIZED LEAVE OR WHEN THE EMPLOYEE OTHERWISE COMES WITHIN THE TERMS OF THE ACT OF JUNE 10, 1948.

ACCORDINGLY, UPON REVIEW, THE SETTLEMENT OF DECEMBER 8, 1955, IS SUSTAINED.

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