Request for Retroactive Promotion With Backpay

A decision was requested as to whether the agency could make a retroactive promotion with backpay in the case of an employee who had been incorrectly determined to be ineligible for a grade GS-11 attorney position at the time he was hired. A subsequent review of the employee's qualifications showed that he had been eligible for the position at the time of his appointment. A retroactive promotion to grade GS-11, including a retroactive pay adjustment, may be made since the agency erred in failing to carry out its practice of placing appointees in the position for which the individual was eligible.