OPINION ISSUED OCTOBER 19, 1999
JULIET R. STEVENSON
ATTORNEY GENERAL'S OFFICE
Claimant appeared pro se.
Joy M. Cavallo, Assistant Attorney General, for respondent.
This claim was submitted for decision based upon the
allegations in the Notice of Claim and respondent's Answer.
Claimant seeks payment in the amount of $11,706.13 for travel
expenses incurred as an employee of respondent. Respondent, in its
Answer, admits the validity of the claim, but states that there
were insufficient funds in its appropriation for the fiscal year in
question from which to pay the claim.
While the Court believes that this is a claim which in equity
and good conscience should be paid, the Court further believes that
an award cannot be recommended based upon the decision in Airkem
Sales and Service, et al. vs. Dept. of Mental Health, 8 Ct. Cl. 180