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B-176982 1 (1972-12-14)

handle is hein.gao/gaobadujf0001 and id is 1 raw text is: F. 446 COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON, D.C. 20548 :: B- 176982 4E. 141972 Cmeord,, Californi 9421 bear Mr. We refir to your letter of August 14. 1972, requesting reconsidera- tion of the denial by our Transportation and Claims Division's Settle- ment Cartificate dated August tO, 1972, of. your cim, for trai expmses, shipment of hosehold Soods and temporary quarters sabutstenee expenses in connection with reportiNg to. duty as a new employee of tle Department of the Navy, Naval Air Station, Alameda, California. The circumstances which gave rise to your claim are ct forth in the Settlement Certificate and will not be repeated here in detall. Essen- tilly what otcurred is th4t you were authorized the expenses whitch you are nov claiming upon the erroneous underst4ading of Department of the Navy persoml that the positlon for hich you were appointed was in anpover shortage category. In fact the position w not in a manpower sbortage category and there is therefore no authority for payment of your claim M a new appointe4 for reloction expenses. You now request, notwithstanding tmt lack of authority, that con- sideratton, be given to your claim on the basis that you relied to your detriment upon the administrative error. WJe recognize that you no doubt did rely upon advice given in the Department of the Nvy's lett.er of November 8, .1971, that reimbarsement for certain of your familys reloca- rica expenses would be made. Unfortunately, however, such reliance is net a basis upon which payment of appropriated funds .may be dlsbursed in the absence of proper legal authority for such payze.tt. A The well established rule of law in this repard is that anyon enter- ing into an arrangement with the Goverroent takes the risk of having ascer- tained that the agent with winm he deals -nd who purports to 4ct for the CGwennent stays vithin the. limits of his authority, iamusch as the Government can be pither bound nor estopped by the unauthorizd acts of Its as ts:$._Y_. UntiSA Ce!, 95 U.S. 316 (1877); Pine River 14243 0.o S e,,196US. 279 (1902).. th Qer imd-Light P Y) tn l i %o-

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