Entitlement to Service Credit by Erroneously Appointed Employee

Gao ID: B-191977(JAB) March 9, 1981

OFFICERS AND EMPLOYEES - DE FACTO - COMPENSATION - ACCRUED CLAIMANT WAS HIRED FROM A CERTIFICATE OF ELIGIBLES AND GIVEN A TEMPORARY APPOINTMENT. HE WAS REMOVED AND NOT PAID HIS ACCRUED PAY OR LUMP-SUM ANNUAL LEAVE. SINCE THERE WAS NO ABSOLUTE STATUTORY BAR TO APPOINTMENT AND NO FRAUD OR MISREPRESENTATION BY CLAIMANT. HE IS ENTITLED TO UNPAID COMPENSATION AND LUMP-SUM LEAVE PAYMENT. PRIOR INCONSISTENT CASES WILL NO LONGER BE FOLLOWED. VALDEZ WAS REMOVED FROM HIS TEMPORARY POSITION AS A COMMISSARY STOCK HANDLER. AFTER HIS APPOINTMENT WAS DETERMINED TO BE IMPROPER. HIS FINAL SALARY PAYMENT WAS WITHHELD AND HE WAS NOT PAID FOR HIS UNUSED ANNUAL LEAVE. CAME IN FOR THE INTERVIEW AND WAS SELECTED FOR THE JOB.



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