B-101859, MAY 7, 1951, 30 COMP. GEN. 438

B-101859, MAY 7, 1951, 30 COMP. GEN. 438

LEAVES OF ABSENCE - ANNUAL - LUMP-SUM PAYMENTS AN EMPLOYEE WHO WAS APPOINTED TO A PERMANENT POSITION WITH THE PANAMA CANAL AND WHO, WITHOUT ENTERING UPON DUTY, RESIGNED THE FOLLOWING DAY TO ACCEPT REEMPLOYMENT WITH THE VETERANS ADMINISTRATION IS NOT TO BE REGARDED AS HAVING BEEN AN EMPLOYEE OF THE PANAMA CANAL SO AS TO REQUIRE ANY PAYMENT FROM THAT AGENCY OF COMPENSATION OR A LUMP SUM FOR ANNUAL LEAVE WHICH HAD BEEN EARNED PRIOR TO HIS APPOINTMENT WITH THE PANAMA CANAL.

COMPTROLLER GENERAL WARREN TO THE CHIEF OF OFFICE, THE PANAMA CANAL, MAY 7, 1951:

REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 26, 1951, WITH ENCLOSURES, REQUESTING A DECISION AS TO WHETHER UNDER THE CIRCUMSTANCES HEREINAFTER RELATED THE PANAMA CANAL IS REQUIRED TO MAKE A LUMP-SUM PAYMENT FOR ANNUAL LEAVE INCIDENT TO THE PURPORTED EMPLOYMENT OF HARRY C. FISCHER.

IT APPEARS THAT MR. FISCHER WAS CERTIFIED TO THE PANAMA CANAL BY THE CIVIL SERVICE COMMISSION AND WAS TENDERED A PROBATIONAL APPOINTMENT EFFECTIVE OCTOBER 2, 1950, AS A MESSENGER-CHAUFFEUR, GRADE CPC-3. THERE WAS CONSIDERED IN CONNECTION WITH HIS SELECTION THE STATEMENT BY HIM IN HIS APPLICATION THAT HE WAS EMPLOYED IN A TEMPORARY POSITION WITH THE VETERANS ADMINISTRATION, AND APPARENTLY IT WAS CONCLUDED THAT NO LEAVE TRANSFER WOULD BE INVOLVED IF HE WERE APPOINTED TO A POSITION WITH THE PANAMA CANAL. MR. FISCHER FAILED TO REPORT FOR DUTY ON OCTOBER 3, 1950, AND TENDERED HIS RESIGNATION BY TELEGRAM ON THAT DATE. IT IS UNDERSTOOD FROM YOUR LETTER AND BY INFORMATION INFORMALLY FURNISHED BY YOUR OFFICE THAT THE PROSPECTIVE EMPLOYEE DID NOT ENTER UPON DUTY ON OCTOBER 2 OR AT ANY TIME THEREAFTER. HE WAS PAID FOR OCTOBER 2 ON VOUCHER NO. 3161, OCTOBER 1950 ACCOUNT OF C. M. MEARS.

SUBSEQUENTLY, THE PANAMA CANAL WAS INFORMED BY THE VETERANS ADMINISTRATION, BY WHICH AGENCY MR. FISCHER WAS REEMPLOYED UNDER A TEMPORARY APPOINTMENT EFFECTIVE OCTOBER 9, 1950, THAT HE HAD TO HIS CREDIT ON SEPTEMBER 30, 1950, 177 HOURS' ANNUAL LEAVE FOR WHICH NO LUMP SUM PAYMENT HAD BEEN MADE BY THE VETERANS ADMINISTRATION. THE QUESTION NOW ARISES AS TO WHETHER THE PANAMA CANAL IS REQUIRED TO EFFECT A LUMP SUM PAYMENT TO MR. FISCHER FOR THE PERIOD OCTOBER 3 TO 6, 1950, AND DEPOSIT TO MISCELLANEOUS RECEIPTS AN AMOUNT EQUIVALENT TO A LUMP-SUM PAYMENT FOR LEAVE FOR THE PERIOD OCTOBER 9 THROUGH ONE HOUR ON NOVEMBER 2, 1950.

UNDER THE CIRCUMSTANCES ABOVE SET FORTH, IT DOES NOT APPEAR THAT MR. FISCHER'S APPOINTMENT WAS EVER CONSUMMATED. THERE WAS NO ENTRANCE UPON DUTY BY HIM WHICH GENERALLY MAY BE REGARDED AS THE BEST EVIDENCE OF ACCEPTANCE OF A TENDERED APPOINTMENT AND, ACCORDINGLY, IT REASONABLY MAY BE CONCLUDED THAT HE DID NOT BECOME AN EMPLOYEE OF THE PANAMA CANAL FOR LEAVE OR OTHER PURPOSES. CONSISTENT WITH THE FOREGOING, HE WAS NOT ENTITLED TO COMPENSATION FOR OCTOBER 2, 1950, AND ACTION SHOULD BE INITIATED TO ADJUST THE MATTER WITH THE VETERANS ADMINISTRATION, EITHER BY ADJUSTMENT OF THE LEAVE ACCOUNT OF THE EMPLOYEE OR OTHERWISE. THIS OFFICE SHOULD BE ADVISED WHEN THE ADJUSTMENT SHALL HAVE BEEN EFFECTED.

THE ENCLOSURES TRANSMITTED WITH YOUR LETTER ARE RETURNED HEREWITH, AS REQUESTED.