Claim for Retroactive Temporary Promotion and Backpay

A Federal employee appealed a Claims Division settlement which denied his claim for a retroactive temporary promotion and backpay based on a GAO ruling that, if an employee is detailed to a position classified at a higher grade than his position for a period in excess of 120 days without Civil Service Commission approval, he is entitled to a retroactive temporary promotion and backpay. The employee was offered and accepted a grade GS-11 position at a new station and occupied the position until he was promoted to a GS-12 position. The employee contended that he performed at the GS-12 level all of the time he was employed at the new station. He alleged that the lower position was established because of a promotion freeze and that his employing activity proposed to promote him to the higher grade at the time of his reassignment, but was prevented from doing so because of the freeze. He accepted the lower grade position with an understanding that he would be promoted when the freeze was lifted. Records supported the employee's contention that his employing activity had proposed his promotion at the time of his reassignment and that his promotion was recommended several times thereafter. During the period of the claim, several revisions of the description of the higher position were proposed, but none of the revisions were officially adopted. The classification specialist found that the employee was functioning at the higher grade level. GAO held that the employee was detailed to the classified GS-12 position and that he was entitled to a retroactive temporary promotion and backpay beginning on the 121st day of that detail.