OPINION ISSUED APRIL 23, 1987

JEFFREY ALAN RICHARD
VS.
DEPARTMENT OF EDUCATION

(CC-87-37)

No appearance by claimant.
Robert D. Pollitt, Assistant Attorney General, for respondent.

PER CURIAM:

This claim was submitted for decision based upon the allegations in the
Notice of Claim and
respondent's Answer.

Claimant seeks an award of $202.50 as salary compensation for the
months of January,
February and March, 1986. Claimant is a certified teacher with
respondent's Colin Anderson
Center facility. He completed the course work for a Masters degree in
August, 1985. He was
granted advanced certification and salary adjustment, but he never
received same. In its Answer,
respondent admits the validity and amount of the claim and states that
it was not paid although
there is a valid nonappealable Order by the West Virginia Education
Employees Grievance
Board directing payment by the respondent. The respondent has no
statutory authority for
paying the Order as the amount represents personal services funds and
respondent may not pay
retroactive salary increases. Respondent further states that sufficient
funds were on hand at the
close of the fiscal year in question.

In view of the foregoing, the Court grants an award to the claimant in
the amount of $202.50.

Award of $202.50.

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