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B-196476 1 (1980-05-09)

handle is hein.gao/gaobadige0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION CF THE UNITED STATES WASHINGTON, D.C. 20549 UNITO FILE: B-196476 DATE: May 9, 1980 MATTER OF: Frederick J. Killian -Lerroneous payment of pay equitable estoppel Employee of Department of Defense Dependents Schools claims that Government is estopped to retroactively adjust his pay which was er- roneously set at a higher rate then applicable regulations permit. Claim is denied because doctrine of equitable estoppel does not apply in cases where, as here, the relationship between the Government and the employee is .not contractual, but appointive, in strict accordance with statutes and regulations. The Government is not estopped from repudiating erroneous advice or authoriza- tions of its agents. Dr. Frederick J. Killian, an educator employed Pogo by the Department of Defense Dependents Schools, Europe rgnq..uorees r idi f 6Tino-Ki-s cla-mfor' loss of salary due to the retroactive correction of an error in his rate of pay and for the reversal of the corrective action. His claim has been disallowed by both his employing agency and our Claims Division. When Dr. Killian's General Schedule position, Principal GS-11 at the Darmstadt Career Center, in which he was being paid at the rate for step 5, $16,627 per annum, was abolished effective August 12, 1974, he was offered a lateral transfer to another grade GS-ll position at the Mannheim Elementary School. He was also offered the position of Teacher (Assistant Principal) Class II at the Rhein Main Junior High School. This position was paid on a school year basis under the provisions of the Defense Department Overseas Teachers Pay and Personnel Practices Act, 20 U.S.C. S 901 et seg., and the implementing regulations. Dr. KilTian was told by his personnel office that he would be paid at the rate for step 15 of Class II, $15,890 per school year, under the highest previous rate rule. DIGEST:

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