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B-214828 1 (1984-10-11)

handle is hein.gao/gaobadlyt0001 and id is 1 raw text is: TECOMPTROLLER GENERAL OECISION OP THE UNITEO STATES ( 7 WASHINGTON. 0.C. 20548 FILE: B-214828 DATE: October 11. 1994 MATTER OF: George F. Ackley DIGEST: 1. An air traffic controller who was selected for promotion to a higher grade position at another air traffic control facility claims backpay on the basis of the salary of the higher grade position where the agency improperly removed him prior to his promotion. Pursuant to a decision by the Merit Systems Protection Board the employee was reinstated by the agency at the lower grade at his original duty station, and the employee now does not wish to transfer to the higher grade at the other station. The employee's backpay for the period of improper separation should be computed on the basis of the salary of the higher grade position where the record clearly establishes that the employee would have been promoted if he had not been improperly removed. 2. An air traffic controller in Ohio who was selected for a higher grade position in Chicago, Illinois, was removed from his position prior to the consummation of the transfer. Upon reinstatement to his former position in Ohio as a result of a Merit Systems Protection Board decision reversing his removal, the employee requests reimbursement of real estate expenses he incurred. The employee may not receive reimbursement for real estate expenses where he entered into the sales agreement to sell his home after he had received notice of his imminent removal. The Federal Aviation Administration has presented the question as to the proper computation of an employee's backpay under the Back Pay Act, 5 U.S.C. S 5596, upon his reinstatement to his former position where he had been selected for transfer to a higher grade position at another

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