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Bielec v. United States

456 F.2d 690, 197 Ct. Cl. 550, 1972 U.S. Ct. Cl. LEXIS 28
CourtUnited States Court of Claims
DecidedMarch 17, 1972
DocketNo. 110-67; No. 111-67; No. 112-67; No. 113-67; No. 114-67; No. 115-67; No. 116-67
StatusPublished
Cited by20 cases

This text of 456 F.2d 690 (Bielec v. United States) is published on Counsel Stack Legal Research, covering United States Court of Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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

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]*553a 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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Bluebook (online)
456 F.2d 690, 197 Ct. Cl. 550, 1972 U.S. Ct. Cl. LEXIS 28, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bielec-v-united-states-cc-1972.