Taylor v. United States

The parties’ cross-motions for summary judgment in this civilian pay case raise an issue not previously decided by this court. The question for decision is whether a classified Civil Service employee, who retires after his removal from the service but while his appeal from such adverse action is pending, is entitled to back pay and reinstatement if the removal action is cancelled by an administrative appellate decision. Since we find that plaintiffs retirement was voluntary, we hold that he is not entitled to back pay or other employment rights.

Plaintiff was a permanently classified Civil…