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B-180344 1 (1976-05-17)

handle is hein.gao/gaobaddmw0001 and id is 1 raw text is: THE C IMPTROLLE GENERAL E I ED1PiOF THE UNITED STATES WASHINGTON, D C. 20548 FILE: B-180344 DATE: MAY 1 7 1971 MATTER OF: Charles J. Peters - Backpay incident to extended detail to higher grade position DIGEST: Claimant lost suit in Court of Claims for backpay incident to detail to higher grade duty assignment. He now submits claim for backpay arising out of same allegedly improper detail. This Office will not consider the claim since a final judgment rendered by a court of competent jurisdiction is conclusive as to the rights of the parties and constitutes an absolute bar to a subsequent action involving the same claim. This action is in response to a claim by Mr. Charles J. Peters for the difference in pay between the grade GS-16 position of Associate General Counsel, Federal Aviation Administration (FAA), to which he had been duly appointed and the grade GS-17 position of Deputy General Counsel, FAA, in which he acted during the period from January 8, 1968, to February 22, 1971. He is also seeking an adjustment in his retirement annuity. Mr. Peters is basing his claim on the decision of our Office B-183086, December 5, 1975, 55 Comp. Gen. 539. The record consists of the legal papers submitted by Mr. Peters associated with his suit in the Court of Claims, Peters v. United States, Ct. Cl. No. 470-73, December 17, 1975, motion for rehearing denied, Ct. Cl. No. 470-73, January 30, 1976, in which he sought recovery of -backpay incident to the same detail which is the subject of this claim. The facts of this case are set forth in the Court of Claims decision of December 17, 1975, and are as follows: In 1968, plaintiff was a GS-16 Associate General Counsel at the FAA. On January 8, 1968, he was designated Acting Deputy General Counsel. The post of Deputy General Counsel was then a GS-17 position, but as plaintiff was only 'acting,' he was paid at his GS-16 appointment rate. On September 10, 1968, the Acting FAA Administrator approved a recommendation that plaintiff be

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