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Claim for Retroactive Temporary Promotion and Backpay

B-199115 Aug 25, 1980
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Highlights

A Department of Health, Education, and Welfare (HEW) employee appealed the disallowance of his claim for a retroactive temporary promotion with backpay. The record showed that the employee was originally appointed to a GS-13 position with the Chicago Regional Office, HEW. At the time of his appointment, the employee was allegedly informed by the hiring officer that although he would be employed as a GS-13, he would be promoted to a higher grade as soon as funding problems were resolved. However, the higher-grade position to which the hiring officer referred was canceled by HEW. Nevertheless, the employee was allegedly required to perform duties commensurate with the abolished position. In response to the appeal, GAO held that an employee is not entitled to a retroactive temporary promotion for performing the duties of a position which has been abolished and is therefore no longer classified and established. Thus, the agency's cancellation of the higher grade position barred the employee's claim for retroactive promotion and backpay. Further, whether the employee was performing at a level higher than the level that he was officially assigned was a classification matter and was not within the jurisdiction of GAO. Accordingly, the disallowance of the employee's claim was sustained.

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