Ryan

“This case comes before the court on cross motions for summary judgment. There is no genuine issue as to any material fact.

“The controversy arises out of plaintiff’s former employment as an Assistant U.S. Attorney for the Eastern District of New York. During his period of service, plaintiff had *541earned over 96 'hours of excess annual leave time but had forfeited his right to the leave because it had not been used prior to the close of 1974. Under 5 U.S.C. § 6304, plaintiff requested restoration of the forfeited annual leave upon the ground that the exigencies of public business prevented him…