Thomas G. Hoffman, Appellant, v. Wilber M. Brucker, Secretary of the Army, et al., Appellees, 244 F.2d 780 (D.C. Cir. 1957)

Appellant, a veterans preference eligible, held an indefinite civil service appointment in the Springfield Ordnance District. His position was abolished, thus causing his reduction in force. He contends that within the meaning of section 12 of the Veterans' Preference Act of 1944, 58 Stat. 390, as amended, 5 U.S. C.A. § 861¹  he was a "competing employee" with non-veterans holding positions in lower grades and that he should have been retained in their stead. The regulations of the Civil Service Commission, however, do not give to a veterans preference eligible holding an indefinite appointment a right to be retained in a lower grade in preference to those in that grade who are not veterans preference eligibles.²  We cannot say that this effect of the regulations is so inconsistent with the Veterans Preference Act as to require the Court to reach a conclusion different from that of the officials charged with primary responsibility in administering the Act. Accordingly, the judgment of the District Court in favor of appellees, granted on their motion for summary judgment, is

Affirmed.