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B-195020 1 (1979-07-11)

handle is hein.gao/gaobadhjw0001 and id is 1 raw text is: V1 FILE: B-195020 MATTER OF: DIGEST: DATE: July 11, 1979 Ms. Cathy G. Pitts An employee of the Government was the incumbent of a position which was regraded upward incident to an agency position reclassification audit. She was retained in that position beyond the reasonable time period defined in 53 Comp. Gen. 216 (1973). While an agency must within a reasonable time, promote an individual, if qualified, or remove him from the position, where the individual is not qualified for promotion temporary retention beyond the time period alone does not serve as a basis for retroactive temporary promotion and backpay. This acti n is in response to c respondence requesting review of the claim e-t .at . Pit s, for retroactive temporary promo ion and backpay for the period Yune 1, 1977, to Decembef 31, 1977, incdident o her employment with the Department of the Army. This matt'er was the subject of a settlement by our Claims Division dated April 10, 1979, which disallowed her claim for the reason that she was not qualified for pro- motion to the position in question. The file shows that Ms. Pitts was employed in the position of Supply Clerk, grade GS-3. On August 23, 1977, as a result of a position classification survey, the position which she occupied was reclassified to the GS-5 level. In October 19.77 the position was announced under existing competitive procedures. Ms. Pitts applied for the position, but was not rated as one of the qualified candidates due to her lack of required specialized experience. Ms. Pitts was the incumbent prior to reclassification and she continued performing the duties of the position until January 1, 1978, when she was offered and accepted reassignment to another position as Supply Clerk, GS-3. THE COMPTROLLER GENERAL DECISIDN TOF THE UNITED STATES WASHINGTON, O.C. 20548 F /0 ';L / /0

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