Claim for Retroactive Temporary Promotion and Backpay

A former employee of the Department of Health, Education, and Welfare requested reconsideration of the denial of his claim for a retroactive temporary promotion with backpay. The claim alleged that the employee was detailed to a GS-14 position for 20 months while classified as grade GS-13. The GAO Claims Division disallowed his claim for the reason that there was no established position classified at a higher grade to which he was actually detailed. In his request for reconsideration, the claimant stated that his predecessor in the temporary position served as a GS-14, and since the claimant performed the full range of duties and responsibilities he should be paid at the same rate. The record revealed, however, that the duties of the temporary position had been assigned the predecessor as additional responsibilities to those of his normal GS-14 position and had no impact on the predecessor's grade. Thus, despite the fact that the predecessor was a GS-14, the claimant did not fulfill the duties of an established GS-14 position. Accordingly, the action of the Claims Division was sustained and the claim was denied.