B-158190, JUN. 22, 1966

B-158190, JUN. 22, 1966

TO MR. JAMES V. GETZFRED:

WE ARE IN RECEIPT OF A LETTER FROM THE HONORABLE CLAIR A. CALL AN, HOUSE OF REPRESENTATIVES, DATED JUNE 9, 1966, ENCLOSING YOUR LETTER OF JUNE 7, 1966, WHICH REQUESTS FURTHER CONSIDERATION OF YOUR CLAIM FOR BACK PAY AT THE RATE OF A PFS-2 POSITION, RATHER THAN AT THE RATE OF A PFS-1 POSITION, FOR THE PERIOD NOVEMBER 26, 1960 TO NOVEMBER 2, 1961.

WHETHER YOU WERE ENTITLED TO CONVERSION UNDER EXECUTIVE ORDER NO. 10880 AND PROMOTION TO A POSITION IN LEVEL PFS-2 ARE MATTERS EXCLUSIVELY WITHIN THE JURISDICTION OF THE POST OFFICE DEPARTMENT AND THE UNITED STATES CIVIL SERVICE COMMISSION. SINCE NEITHER OF THOSE AGENCIES AFFIRMATIVELY RULED THAT YOU WERE ENTITLED TO PROMOTION PRIOR TO YOUR ACTUAL PROMOTION ON OCTOBER 28, 1961, AND SINCE, ON THE RECORD PRESENTED, WE FIND NO BASIS FOR HOLDING THAT YOU WERE SEPARATED FROM THE SERVICE DURING THE PERIOD IN QUESTION, THE GENERAL ACCOUNTING OFFICE IS WITHOUT AUTHORITY TO ALLOW THE BACK PAY FOR THE PERIOD CLAIMED. PAYMENT FOR THE PERIOD OF SEPARATION, JANUARY 7 TO JUNE 7, 1966, WAS AUTHORIZED AT THE PFS-1 RATE BY GENERAL ACCOUNTING OFFICE SETTLEMENT OF MAY 19, 1964. ALSO, AS YOU POINT OUT IN YOUR LETTER OF JUNE 7, 1966, TO MR. CALL AN, ADDITIONAL COMPENSATION HAS BEEN AUTHORIZED TO YOU FOR THE PERIOD OF DETAIL (APRIL TO NOVEMBER 1960) TO THE HIGHER RATE POSITION.

THEREFORE, OUR DECISION OF JANUARY 27, 1966, B-158190, DISALLOWING YOUR CLAIM FOR ADDITIONAL COMPENSATION AT THE PFS-2 RATE FOR THE PERIOD NOVEMBER 26, 1960 TO NOVEMBER 2, 1961, MUST BE SUSTAINED.

OUR DECISION IS BY LAW BINDING ON THE EXECUTIVE BRANCH OF THE GOVERNMENT BUT DOES NOT PRECLUDE PROSECUTION BY YOU OF YOUR CASE IN THE COURT OF CLAIMS.