Claim for Retroactive Temporary Promotion and Backpay

An employee appealed a claims settlement which disallowed his claim for a retroactive temporary promotion and backpay. The claim was originally denied on the statutory requirement that retroactive temporary promotions to supergrade positions, GS-16, -17, and -18, may be made only with prior approval of the Civil Service Commission (CSC), now the Office of Personnel Management. The GS-15 employee who served in a GS-16 position for about 18 months, contended that he should not be penalized for the agency's failure to comply with the requirement to obtain prior CSC approval, and the agency should be estopped from not having to pay the higher supergrade rate. In previously denying a retroactive temporary promotion, GAO held that an agency cannot unilaterally place an employee in a supergrade position. Because it is a well established rule of law that the Government is not bound beyond the actual authority conferred on its agents by statute or regulations, the estoppel argument could not be used. Since the agency was without authority to unilaterally place the employee in a supergrade position, the disallowance of his claim was sustained.