[Claim for Backpay]

A Federal employee appealed a Claims Group disallowance of his claim for a retroactive promotion and backpay. When he was a GS-11, the employee was selected for a position which was classified as grade GS-13. However, he did not receive the higher grade classification until 2 years after his promotion to the position. The employee questioned why he was not promoted directly from grade GS-11 to grade GS-13 at the time of his promotion. The agency responded that candidates for advancement to positions at grade GS-12 or higher must have completed at least 1 year in positions no more than one grade lower than the position to be filled. Dissatisfied with this interpretation, the employee forwarded his claim for a retroactive promotion and backpay to the Claims Group for settlement. The Claims Group disallowed the claim on the basis that, although an agency may make exceptions to the 1-year time-in-grade requirement, such exceptions are not mandatory. Therefore, the agency was not required to promote the employee to the higher grade. The employee appealed this decision contending that, during the period in question, he performed service at the GS-13 level. An employee is entitled only to the salary of the position to which he is appointed, regardless of the duties he performs. GAO had previously held that backpay could be granted in certain circumstances for a detail in excess of 120 days to a higher grade position. However, GAO now follows a recent Court of Claims decision that such retroactive promotions and backpay are not authorized. Accordingly, the disallowance of the claim was sustained.