Claim for Retroactive Temporary Promotion and Backpay

An employee of the National Highway Traffic Safety Administration appealed the disallowance of his claim for retroactive temporary promotion and backpay. The claimant, employed in a GS-15 position, was detailed to a GS-16 (supergrade) position without the agency requesting approval from the Civil Service Commission. Since the agency had no authority to unilaterally place the employee in a supergrade position, the employee's claim for a retroactive temporary promotion was denied. With regard to the claimant's contention that his agency should be estopped from not having to pay him the salary of a supergrade position because of its error in failing to obtain approval of his qualifications for promotion, it is a well established rule of law that the Government is not bound beyond the actual authority conferred on its agents by statutes or regulations. Furthermore, the Government is not estopped to deny the unauthorized acts of its agents. Those who deal with the Government are deemed to have notice of the limitations on authority. Accordingly, since the agency was without authority to unilaterally place the claimant in a supergrade position, the disallowance of his claim for a retroactive temporary promotion and backpay was sustained.