Gibson

Court of Claims

Gibson

158 Ct. Cl. 706, 1962 U.S. Ct. Cl. LEXIS 204, 1962 WL 1607

United States Court of Claims·Decided October 12, 1962·No. No. 515-59·Published

Opinion

Civilian pay; reduction in force; administrative remedies — failure to exhaust. — Plaintiff, who was separated from his civilian Government position in 1957 by reduction in force, appealed this action to the Civil Service Commission in 1959 and his appeal was denied on the ground of untimeliness. Plaintiff sues to recover back pay on the ground that the denial of his appeal was arbitrary and capricious. Upon consideration of plaintiff’s motion for summary judgment and defendant’s motion to dismiss the petition, together with oral argument of counsel, the court, on October 12, 1962, concluded that plaintiff had failed to timely exhaust his administrative remedy, and ordered that the petition be dismissed.

Free access — add to your briefcase to read the full text and ask questions with AI

Civilian pay; reduction in force; administrative remedies — failure to exhaust. — Plaintiff, who was separated from his civilian Government position in 1957 by reduction in force, appealed this action to the Civil Service Commission in 1959 and his appeal was denied on the ground of untimeliness. Plaintiff sues to recover back pay on the ground that the denial of his appeal was arbitrary and capricious. Upon consideration of plaintiff’s motion for summary judgment and defendant’s motion to dismiss the petition, together with oral argument of counsel, the court, on October 12, 1962, concluded that plaintiff had failed to timely exhaust his administrative remedy, and ordered that the petition be dismissed.

Gibson, 158 Ct. Cl. 706, 1962 U.S. Ct. Cl. LEXIS 204, 1962 WL 1607 (cc 1962).

Pincite

158 Ct. Cl. 706 (Gibson) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.