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B-120074, AUGUST 10, 1954, 34 COMP. GEN. 61

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Highlights

WHEN IT IS KNOWN IN ADVANCE THAT THE EMPLOYEE IS TO BE SEPARATED. IS LIMITED TO CASES WHERE THE EXIGENCIES OF THE SERVICE REQUIRE SUCH ACTION. AN AGENCY ORDINARILY DOES NOT HAVE UNLIMITED DISCRETION TO GRANT TERMINAL LEAVE CONTRARY TO THE RULE STATED IN 24 COMP. * REFERENCE IS MADE TO YOUR LETTER OF MAY 13. THAT THERE SEEMS TO HAVE BEEN NO ESTABLISHED DATE OF SEPARATION EXCEPT ONE FIXED TO INCLUDE ALL ACCUMULATED AND ACCRUED LEAVE. IT IS STATED THAT THERE SEEMS TO HAVE BEEN NO ADMINISTRATIVE ADVANTAGE DERIVED FROM CARRYING THE EMPLOYEE ON THE ROLLS INSTEAD OF SEPARATING HER ON JANUARY 18. THE WAR CLAIMS COMMISSION SEEMS TO HAVE INTERPRETED 31 COMP. WHERE IT IS KNOWN IN ADVANCE THAT THE EMPLOYEE IS TO BE SEPARATED.

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