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B-197902 1 (1981-02-13)

handle is hein.gao/gaobadjct0001 and id is 1 raw text is: . ,' THE COMPTROLLER GENERAL DECISION . J,,. OF THE UNITED STATES V.1 IWASH IN GTO N. 0. C. 2054 9 FLE: B-197902 DATE: February 13, 1981 MATTER OF: James R. Elliott N Ret: active Reinstatement to Competitive Servi:/ DIGEST: Employee claims backpay pursuant to 5 U.S.C. § 5596 (1976), for salary he would have received if Headquarters Personnel Director of NASA in February 1977 had not misinterpreted highest previous rate rule, thereby causing em- ployee to reject reinstatement from ex- cepted to competitive service. In July 1978, NASA reinstated him at higher rate to rectify earlier mistake. His claim is denied as reinstatement to com- petitive service was solely within dis- cretion of Administrator of NASA and, until July 1978, claimant's reinstate- ment was not approved by anyone in NASA authorized to do so. This decision is in response to a I'request from Mr. James R. Elliott for reconsideration of our Claims Division's settlement of December 26, 1979,; by which his claim for backpay was denied.-, ,The claimant alleges that he is entitled to back- pay because, if it had not been for the wrongful inter- pretation by NASA of the highest previous rate rule, he would have been converted from the excepted service to the competitive service and assigned to grade 15, step 10, effective the 6th pay period of 1977 in- stead of July 2, 1978, when he was actually reinstated and assigned to grade 15, step 10.:,, Until his reinstatement to the competitive ser- vice in 1978, Mr. Elliott's position was excepted from the competitive service and his salary was fixed ad- ministratively by virtue of NASA's authority to ap- point not more than 425 of its personnel without regard to the Civil Service Laws. 42 U.S.C. § 2473(c)(2). In February of 1971, Mr. Elliott's supervisor, with his consent, proposed that his posi- tion should be converted because he would be entitled IN 592-

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