Claim for Retroactive Promotion and Backpay

B-193918: Sep 21, 1979

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A Government employee appealed a decision which disallowed his claim for a retroactive promotion and backpay, alleging that the agency personnel office failed to properly process a pending promotion action. The employee also appealed the decision on the basis that he held a like job with a like job description to that of another employee who occupied a higher grade position. Since the record did not show that the agency official authorized to approve the promotion had done so, and a nondiscretionary agency policy or regulation requiring that the employee be promoted was absent, there was no basis to allow the claim. Also, the employee was only entitled to the salary of the position to which he had been appointed regardless of the duties he performed. Therefore the previous disallowance of his claim was sustained.

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