Dvorkin v. United States

Plaintiff sues to recover the pay of a driver-mechanic. He was paid the wages of a garageman-driver.

*297We held in George L. Coleman v. United States, 100 C. Cls. 41, that an employee of the Government was entitled to receive only the salary of the position to which he had been appointed. Plaintiff’s petition does not allege he was appointed a driver-mechanic, but he says his bill of particulars does.

He does say therein “The claimant was duly appointed as a driver-mechanic,” but he explains this by alleging that upon “assignment to the Post Office Department for duty” he was required to take an…