B-183214: Jul 9, 1976

An employee appealed the disallowance of his claim for a retroactive promotion and backpay because of an alleged wrongful classification. The employee was not entitled to a retroactive promotion under provisions of 5 U.S.C. 5101 or implementing regulations, and the Back Pay Act does not apply to wrongful classification...

B-183214: Jul 9, 1976

THE CLAIM IS PREDICATED UPON AN ALLEGED WRONGFUL CLASSIFICATION. SUTTON'S POSITION WAS DELAYED UNTIL JANUARY 1968. WE HAVE CONSISTENTLY HELD THAT THE CLASSIFICATION OF POSITIONS IN THE GENERAL SCHEDULE IS GOVERNED BY THE CLASSIFICATION ACT OF 1949. THE REGULATIONS OF THE COMMISSION ARE CONTAINED IN TITLE 5 OF THE CODE OF FEDERAL REGULATIONS. STATES THAT "THE EFFECTIVE DATE OF A CLASSIFICATION ACTI...