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B-202318 1 (1981-09-29)

handle is hein.gao/gaobadjtf0001 and id is 1 raw text is: / DECISION FILE: B-202318 MATTER DIGEST: THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON. 0. C. 20548 DATE: Beptember 29, 1981 OF: Jessie M. Sheppard - Claim for Backpay Employee claims backpay under 5 U.S.C. S 5596 following Civil Service Commission's grant of a variance of civil service regu- lations to correct inequitable situation and permit her reinstatement to a position after her previous separation which had been required by the Commission due to an improper appointment. Action by Commission did not constitute a determination that employee had undergone an unwarranted or unjustified personnel action; therefore, claim is denied. Mrs. Jessie M. Sheppard has appealed the action of our Claims Group in which a settlement issued August 29, 1980, denied her claim for backpay for the period May 22, 1976, to April 23, 1978. For the following reasons we sustain the action denying Mrs. Sheppard's claim. The facts of this case are as follows. Mrs. Sheppard, a former employee of the Social Security Administration, had reinstatement rights through August 31, 1975. By letter dated August 29, 1975, she was offered a temporary appoint- ment by Social Security with the date of entry on duty of September 22, 1975. The staffing specialist who processed Mrs. Sheppard's appointment erroneously believed that the job offer before August 31, 1975, preserved Mrs. Sheppard's reinstatement rights. Therefore, she did not report to work until September 22, 1975, although she was available and could have been appointed immediately. In April 1976, while attempting to convert Mrs. Sheppard's appointment from temporary to career-conditional, Social Security discovered its administrative error in hiring Mrs. Sheppard after August 31, 1975. The agency requested permission from the Baltimore Area Office of the Civil 'Service Commission to keep Mrs. Sheppard on duty until September 21, 1976, the expiration of her temporary appointment. The Commission denied the request and ordered that she be terminated. Mrs. Sheppard was terminated effective May 21, 1976. Subsequently, Social Security requested that the Civil Service Commission grant a variance under section 5.1(b)

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