Claim for Retroactive Promotion and Backpay

A Federal employee appealed the Claims Division's settlement which disallowed his claim for a retroactive promotion and accompanying backpay. He also appealed the Division's disallowance of his claim for a retroactive quality step increase. The employee contended that the agency acted improperly in not selecting him for promotion to an available position. The Claims Division disallowed the claim on the basis that Government employees have no vested right to be promoted at a specific time. He alleged that a step increase which he received at an unspecified time should have been awarded at an earlier date. The claim was also disallowed, as the granting of promotions from grade to grade is a discretionary matter primarily within the province of the agency involved. An administrative change in salary may not be retroactively effective in the absence of a statute so providing. Both the granting of the promotion and the awarding of the step increase were matters within the discretion of the agency. GAO could not find an unjustified or unwarranted personnel action which would allow the promotion action or a quality step increase with accompanying backpay, thus the disallowance of the claim was sustained.