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. The employee contended that, while officially appointed to one position, he was detailed to a higher grade position for a period without prior Civil Service approval. The present agency of authority contended that the position was abolished when the agency employing the claimant was abolished, but the employee claimed that the position remained as an established and classified position until at least 10 months later, or until the end of his service with the agency. The record reflects a dispute between the employee and his agency, not only as to whether the position existed as a classified position, but also, as to whether the employee performed, or could have performed, the full range of duties and responsibilities of that position. Where there is a dispute between an employee claiming backpay and his agency as to material facts which GAO cannot resolve from the written record, the claim will not be allowed. Accordingly, the disallowance of the employee's claim for a retroactive temporary promotion and backpay was sustained.