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B-210953 1 (1983-04-22)

handle is hein.gao/gaobadlaz0001 and id is 1 raw text is: 


                        THE COMPTROLLER GENERAL
DECISION                 OF THE UNITED STATES
                         WASHINGTON. 0.C. 2O548



FILE:   B-210953              DATE: April 22, 1983

MATTER OF:      Robert A. Motes - Miscellaneous
                Expense Allowance

DIGEST:
            1. Because regulations and amended
                regulations both unambiguously
                define effective date of trans-
                fer as the date a transferring
                employee reports for duty at his
                new official station, employee
                who reported for duty prior to
                effective date of amended regula-
                tions may not be paid increased
                miscellaneous expense allowance,
                authorized by amended regula-
                tions. Effective date indicated
                on Form SF-50, Notification of
                Personnel Action is not determi-
                native of effective date of
                transfer.

            2. Although employee on temporary
                assignment may have acted in
                best interests of Government in
                not returning to permanent duty
                station pending reassignment,
                Federal Travel Regulations may
                not be waived to treat employee
                differently from others similarly
                situated. Federal administrators
                do not have discretion to waive
                regulations in certain individual
                cases and enforce them in others.
                Additionally, advance notice to
                affected employees is not a
                necessary prerequisite to amend-
                ment of Federal administrative
                regulations. Such advance notice
                is not required by previous
                Comptroller General decisions.

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