Claim for Retroactive Temporary Promotion and Backpay

A Government employee requested a review of the disallowance of her claim for retroactive temporary promotion and backpay. The employee was the incumbent of a position which was regraded upward incident to an agency position reclassification audit. She was retained in that position at her old grade level beyond the reasonable time period as defined by regulation. It was held that while an agency must promote a qualified individual within a reasonable time or remove him from the position, where an individual is not qualified for promotion, as was the case here, temporary retention beyond the time period alone does not serve as a basis for retroactive temporary promotion and backpay. The disallowance was sustained.