Civil Service Rule 7.1 gave the agency the discretion to fill the Civilian Pay Technician position by any authorized method, such as the reinstatement method authorized by Civil Service Rule 1.3(c) and 5 C.F.R. § 315.401. See also 5 C.F.R. § 330.101 (OPM rule giving agencies the discretion to fill positions by any properly-authorized method).
If the agency instead relied on 5 U.S.C. § 3316
to reinstate the successful candidate, that provision as well plainly makes the
agency’s decision to invoke the reinstatement authority discretionary. Likewise,
although the agency could have used the competitive examining process
described in ¶ 7 above, it was not required to use that method. Again, Civil
Service Rule 7.1 and 5 C.F.R. § 330.101, as well as 5 U.S.C. § 3316, gave the
agency the discretion to fill the Civilian Pay Technician position by reinstatement
instead of by competitive examining.
Sherwood v. Department of Veterans Affairs, 88 M.S.P.R. 208, ¶ 10 (2001)