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B-178551 1 (1976-01-02)

handle is hein.gao/gaobaddtj0001 and id is 1 raw text is: 1 & FILE: B-1 MATTER OF DIGEST: 7 THE COMPTROLLER GENERAL *OF THE UNITED STATE WASHINGTON, 0. C. 20548 8551 DATE: JAN 2 '.37 sI : Sammy H. Marr - Severance Pay, Attorney's Fees, Court Costs, and Real Estate Expenses Incident to an Erroneous Separation 1. Retroactive reinstatement and award of backpay under 5 U. S. C. § 559G (1970) incident to errone- ous separation precludes award of severance pay for same period since reinstated employee is deemed, for all purposes, as having performed services during period covered by erroneous personnel action. 2. Claims for real estate and moving expenses incident to erroneous separation are disallowed because employee, under 5 U. S. C. § 5596, is entitled to those payments or allowances which he normally would have received if the unwarranted personnel action had not occurred. Consequential real estate and moving expenses are not such allow- ances. 3. Claims for attorney's fees and costs of litigation cannot be reimbursed in absence of express statutory authority. Although 42 U. S. C. § 2000e-5(k) (1970) authorizes a court to award attorney's fees in certain types of actions, judgment of District Court neither awarded costs nor attorney's fees. This action is in response to a reouest for reconsideration of our Claims Division Settlement Certificiate No. Z-2459808, dated August 28, 1975, which disallowed the claim of Mr. Sammy H. Marr, an employee of the Department of the Air Force for (1) backpay in connection with his separation from the Air Force; (2) severance pay in connection with his separation from the Air Force; (3) attorney's fees, court, and transportation expenses incurred in connection with reinstatement litigation; and (4) real estate and relocation expenses incurred as a result of his separation from the Air Force. The facts in this case are not in dispute. The claimant was a Department of the Air Force civil service employee at Holloman Air Force Base, New Mexico, when he was ordered terminated from his position on September 28, 1970. The termination was effected by the Civil Service Conmission based on the provisions of a regulation reduiring competitive civil service employees to be DECISION - `7 . .1

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