William G. Riplinger v. United States

Appellant Riplinger, a contract analyst for the Department of the Navy, was recruited from the private sector with the express representation that he would be employed initially at grade GS-11, step 10. Through a series of administrative errors, none attributable to Riplinger, necessary government approval for step increases was not obtained, and the maximum pay authorized by statute and regulations was GS-11, step 1. In grade GS-11, the pay for step 1 is considerably less than for step 10.

Riplinger learned of his appointment at grade GS-11, step 1, after he had entered upon duty, and he began prompt action for administrative relief. This suit followed, with a claim for money damages under a breach of contract theory based on Tucker Act jurisdiction under 28 U.S.C. § 1346 (a)(2), or alternatively, for back pay under the Back Pay Act, 5 U.S.C. § 5596 . All parties admit the correctness of Riplinger’s factual recitals, and all should admit the equity of his claim, but it is well-settled that the law provides no relief.

The Back Pay Act is of no avail to appellant. The statute permits recovery where an employee suffers injury from wrongfully reduced or improperly calculated pay,…