Claim for Retroactive Temporary Promotion and Backpay

A civilian employee appealed a decision which denied his claim for a retroactive temporary promotion and backpay. The employee, a GS-11, claimed that he was continually detailed to the duties of a GS-12, and that employees detailed to a higher graded position for more than 120 days without prior Civil Service Commission (CSC) approval are entitled to retroactive temporary promotion if certain conditions are met. During the period of the claimed detail, the title, series, and grade of the employee's position remained the same, although the job number was changed. The employee appealed the job classification to both the agency and CSC, and both concluded that his position was properly classified. GAO held that, since the record failed to show that the employee was actually detailed to the GS-12 position, and the classification of the GS-11 position was sustained by CSC on appeal, the claim was not allowable. Therefore, the previous settlement was sustained.