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B-213316 1 (1984-02-23)

handle is hein.gao/gaobadlny0001 and id is 1 raw text is: OECISION FILE: B-213316 MATTER OF: G A Irt T: THE COMPTROLLER GENERAL O THE UNITED STATEE WASHINGTON. O.C. 20548 DATE: February 23, 1984 regorio Natividad - Backpay and ttorneys' Fees WWWgW 1. An employee was discharged from his position on June 15, 1979. Such action was found to be unjustified by the Merit Systems Protection Board (MSPB), which ordered that his separa- tion be canceled. Employee claims entitlement to pre-June 15, 1979, backpay and benefits under the MSPB ruling. The only issue before the MSPB was the propriety of the agency removal on June 15, 1979. Since there were no allegations made to the MSPB that the agency had taken other unjus- tified actions prior to that date, the ruling does not support a backpay claim for an earlier period. 2. An employee was discharged from his position on June 15, 1979. Such action was found to be unjustified by the Merit Systems Protection Board (MSPB), which ordered that his separa- tion be canceled. Employee claims entitlement to night differential under the MSPB ruling. On restora- tion, an employee is entitled to the employment status enjoyed at removal and pay and benefits lost as the result of the unjustified removal. Since the employee had been in a day- shift only status on date of removal for reasons totally unrelated to the removal action and was placed in that status upon restoration to duty, he is not entitled to night differential as an item of backpay under the MSPB decision. See cases cited. 3. An employee was discharged from his position on June 15, 1979. Such action was found to be unjustified by WW9 l

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