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[Appeal of Denial of Claim for Retroactive Promotion and Backpay]

B-211691 Jul 18, 1983
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Highlights

A former Department of Energy (DOE) employee appealed the Claims Group's denial of his claim for a retroactive promotion and backpay. The employee alleged that DOE knowingly misinterpreted a moratorium on promotions which resulted in a delay in granting him a career ladder promotion. Further, the employee contended that DOE discriminated against him, because it was aware that career ladder promotions had occurred which were exempt from the moratorium. GAO held that authority to grant a career ladder promotion is discretionary, and no statutory right entitles an employee to such a promotion. Therefore, regardless of other promotions, DOE was not required to exercise its authority to avoid the moratorium and grant the promotion. GAO noted that the contention that DOE discriminated against the employee because of his job location was not a sufficient basis for a retroactive promotion and backpay. Accordingly, the Claims Group decision was sustained.

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