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B-203564 1 (1982-05-25)

handle is hein.gao/gaobadkhv0001 and id is 1 raw text is: 


THEOOMPTIOLLIR
OF TH91 UNITED


STATEB


WA13H IN GTO N, O ,0,  O54 B


FILE; B-203564


DATE; May 25, 1982


MATTER OF;


Turner-Caldwell
Wilson v, United


Reconsideration in view of
States


DIGESTI


    Our Turner-Caldwell decisions granting
    retro tive temporary promotions fEL
    overlong ditatls Are reconsidered tIn
    flght of Court of Claims deision in
    Wilson v, United States which reaches
    opposite result,  Although GAO is not
    bound by decisions of Court of Claims,
    the Wilson decision is a reasonable
    interpretation of law and regulation,
    it follows a clear line of precedent
    by the pourt, and it is consistent
    with the view8 of the Department of
    Justice and the Office of Personnel
    Management. Therefore, we will fol-
    low the Wilston decision and deny all
    pending and -ture claims under our
    Turner-Caldwell line of decisions,

.   Decision to overrule Turner-Caldwell
    decisions is prospectiivye effective
    and affects only pending and future
    claims,  Prior decisions or claim
    settlements issued before date of
    this decision pursuant to Turner-
    Caldwell line of de.,isions will not
    ,B-e-hdhTurbed.


     The issue in this decision is the impact of the Court
of Claims decision in A. Leon Wilson v, United States 1/,
denying a temporary promotion for an overlong detail on
our Turner-Caldwell decisions which grant temporary pro-
motions for overlong details. For the reasons stated
below, we have decided to adopt the Wilson decision and
no longer follow our Turner-Caldwell decitions as they
apply to all pending and future claims,


Cl. No. 324-81C,


Order,


Oct. 23,


I.


S
S


OrECISI/


1/Ct.


1981.


L


& . I I

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