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B-206445 1 (1982-12-06)

handle is hein.gao/gaobadktp0001 and id is 1 raw text is: DECISION FILE: B-206445 MATTER OF: George W. DI13GEBT THE COMPTROLLRE UNNIERALIKI OF THE UNITED BTATES 'WAOHINGTON, D.C. 9, 20546 DATE: December 6, 1982 Edwards - Claim for Backpay An individual who alleged violation of his reemployment priority rights in con- nection with the filling of one position, and who accepted another position pur- suant to a settlement agreement with the agency, which was adopted by the Merit System Protection Board as its decision on the matter, is not entitled to backpay. He did not have a vesteC right to employment by virtue of statute or regulation, nor did MSPB mandate his appointment by the agency concerned or grant backpay. This decision is in response to an appeal by Mr. George W. Edwards from Settlement Certificate Z-2834382, dated December 15, 1981, by which our Claims Group denied his claim for a retroactive appointment with backpay and accrued leave. Mr. Edwards was separated from the Department of Housing and Urban Development (HOD) on August 12, 1978, during at reduction-in-force. On August 7, 1981, he accepted another position in settlement of his claim that his reemployment priority list rights had been violated in connection with another appointment made by HUD sub- sequent to his separation. Mr. Edwards claims he is entitled to backpay from the date of that appointment to the date he accepted his new position. For the reasons ..explained below, we must .affirm the determination of our Claims Group. Kr. Edwards was separated from HOD because his position,.Real Property Officer, GS-13, was abolished during a reorganization. At the time of his separation he was placed in HUD's Displaced Employee Program and informed that he had certain reemployment priority rights. On October 22, 1979, Mr. Edwards was given a tempotary appointment to the position of Realty Specialist, GS-11, in the Boston Area Officte. He states that be repeatedly requested a permanent position and, f, I

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