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A STEP INCREASE IN GRADE GS-10 WAS CANCELED. SINCE THE FACTS IN YOUR CASE AS WELL AS THE REASONS FOR ITS DISALLOWANCE ARE FULLY SET FORTH IN THAT DECISION THERE IS NO NEED TO REPEAT THEM HERE. THE BASIS FOR YOUR CLAIM APPEARS TO BE THE FACT THAT YOUR PERIODIC INCREASE WAS CANCELED AFTER YOU HAD ALLEGEDLY ACQUIRED A VESTED RIGHT THERETO. THE RULE APPLYING TO CLASSIFICATION ACTIONS BY THE COMMISSION MADE THE CHANGE IN GRADE EFFECTIVE FROM THE BEGINNING OF THE PAY PERIOD CURRENT WHEN NOTICE WAS RECEIVED IN THE ADMINISTRATIVE OFFICE. 4 COMP. YOU WERE GRANTED A PERIODIC STEP INCREASE. WAS ERRONEOUS SINCE AS A MATTER OF LAW YOU WERE ENTITLED TO AN EQUIVALENT INCREASE THROUGH YOUR GRADE PROMOTION.

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B-141074, FEB. 18, 1960

TO MR. WILLIAM B. MASON:

ON JANUARY 25, 1960, YOU REQUESTED RECONSIDERATION OF OUR DECISION DATED NOVEMBER 23, 1959, B-141074, TO YOU, WHICH DISALLOWED YOUR CLAIM FOR AN ADJUSTMENT IN SALARY ALLEGED TO BE APPROPRIATE BECAUSE, INCIDENT TO THE REALLOCATION, WITHOUT CHANGE IN DUTIES OR RESPONSIBILITIES, OF YOUR POSITION FROM GRADE GS-10 TO GRADE GS-11, A STEP INCREASE IN GRADE GS-10 WAS CANCELED. SINCE THE FACTS IN YOUR CASE AS WELL AS THE REASONS FOR ITS DISALLOWANCE ARE FULLY SET FORTH IN THAT DECISION THERE IS NO NEED TO REPEAT THEM HERE.

THE BASIS FOR YOUR CLAIM APPEARS TO BE THE FACT THAT YOUR PERIODIC INCREASE WAS CANCELED AFTER YOU HAD ALLEGEDLY ACQUIRED A VESTED RIGHT THERETO. ON FEBRUARY 14, 1950, THE CIVIL SERVICE COMMISSION APPROVED OUR RECOMMENDATION FOR THE REALLOCATION OF YOUR POSITION. AT THAT TIME, THE RULE APPLYING TO CLASSIFICATION ACTIONS BY THE COMMISSION MADE THE CHANGE IN GRADE EFFECTIVE FROM THE BEGINNING OF THE PAY PERIOD CURRENT WHEN NOTICE WAS RECEIVED IN THE ADMINISTRATIVE OFFICE. 4 COMP. GEN. 280, 22 ID., 526 AND CASES CITED THEREIN. THEREFORE, OUR ADMINISTRATIVE ACTION ON FEBRUARY 21, 1950, WHEREBY, EFFECTIVE MARCH 5, 1950, YOU WERE GRANTED A PERIODIC STEP INCREASE, WAS ERRONEOUS SINCE AS A MATTER OF LAW YOU WERE ENTITLED TO AN EQUIVALENT INCREASE THROUGH YOUR GRADE PROMOTION, EFFECTIVE FEBRUARY 5, 1950. IN THE CIRCUMSTANCES NO RIGHT VESTED IN YOU AND THE CANCELLATION OF YOUR PERIODIC STEP INCREASE WAS PROPER.

AGAIN WE ADVISE YOU THAT NO PROPER LEGAL BASIS EXISTS FOR ALLOWING YOUR CLAIM.

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