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Bielec v. United States

456 F.2d 690, 197 Ct. Cl. 550, 1972 U.S. Ct. Cl. LEXIS 28
United States Court of Claims·Decided March 17, 1972·No. No. 110-67; No. 111-67; No. 112-67; No. 113-67; No. 114-67; No. 115-67; No. 116-67·Published·Cited by 20 cases

Opinion

Skelton, Judge,

delivered the opinion of the court:

The plaintiffs, William F. Bielec, John H. Blisard, Seldon Van Buskirk, Herbert Mukhalian, Albert Schooley, James A. Sitley, and Phillip Steinman, filed separate suits against the United States, which were consolidated for trial because all of them involved the same issues. The facts are stipulated by the parties.

The plaintiffs are all career civil service employees in the Department of Defense. They claim entitlement to promotions to higher grades and ranks in the service by reason of an alleged upgrading of positions they were temporarily occupying without a corresponding promotion of the plaintiffs to higher grades. They claim that such promotions are mandatory under the law. We have concluded that the plaintiffs are not entitled to recover.

The facts on which the plaintiffs base their claims are generally as follows.

'On October 11, 1963, the Department of Defense directed [553] a Pilot Test for the Defense Contract Administration Services Begion (DCASE,) and on November 30, 1963, designated Philadelphia, Pennsylvania, as the Pilot Test. On February 28, 1964, authorities were delegated and functional responsibilities were assigned to DCASE pilot test and DCASE became operative on April 20, 1964. Plaintiffs were detailed effective April 20, 1964, for a period not to exceed October 20, 1964, from the various military departments to DCASE, with duties commensurate with their former positions, as follows:

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Bielec v. United States, 456 F.2d 690, 197 Ct. Cl. 550, 1972 U.S. Ct. Cl. LEXIS 28 (cc 1972).

456 F.2d 690 (Bielec v. United States) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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