Claim for Retroactive Temporary Promotion and Backpay

A Department of Energy employee appealed the action of the Claims Division which denied his claim for retroactive promotion and backpay. The claim was denied for the reason that there was no classified and established position at the higher grade level covering the duties to which the employee was assigned. In his appeal, the employee argued that the Government should be estopped from denying that he was detailed to a higher grade position. The argument of estoppel is unpersuasive for essentially that an employee is entitled by law only to the pay of the position to which he is appointed. Because the Government is not bound beyond the authority conferred on it by statutes and regulations, GAO rejected estoppel. Because the duties to which the employee was detailed were not those of a classified and established position, GAO sustained the action of the Claims Division in denying his claim for retroactive temporary promotion and backpay.