Entitlement to Retroactive Promotions

GAO was asked whether the Panama Canal Commission may retroactively adjust the promotion dates of Panama Canal pilots where there was a delay in the approval of their promotions. The record showed that the promotions of six pilots were delayed for periods ranging from 14 to 33 days beyond the date they became eligible for promotion. This delay was due to the absence on emergency leave of the clerical employee responsible for preparing and sending the necessary papers to the official who was authorized to approve the promotions. In urging that the promotion dates be retroactively adjusted, the Administrator pointed out that the pilots were issued the appropriate marine licenses entitling them to handle larger vessels on the dates that their promotions should have been made effective and that, from the date of the intended promotions, these pilots began to be assigned to perform pilotage duties commensurate with their higher level of marine licenses. GAO held that, while pilots may have qualified for and performed higher-level duties prior to the effective dates of their promotions, the general rule is that an employee is entitled only to the salary of the position to which he has been appointed regardless of the duties he may perform. Additionally, an administrative or clerical delay or omission in processing promotion requests prior to the approval of the promotions by an authorized official does not entitle the pilots to a retroactive promotion. Thus, there was no basis to retroactively promote any of the pilots.