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B-199115 1 (1980-08-25)

handle is hein.gao/gaobadine0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WASHINGTON, 0. C. 20548 FILE: B-199115 DATE:August 25, 1980 MATTER OF: Robert R. Johns -laim for retroactive temporary promotion and backp DIGEST: Employee assigned duties of abolished higher-grade position is not entitled to retroactive temporary pro- motion since he did not perform higher-grade duties of a classified, established position. Furthermore, em- ployee's classification claim is not within jurisdiction of General Accounting Office. This action is in response to an appeal by Mr. Robert R. Johns from our Claims Division Settlement Certificate No. Z-2818869, dated March 27, 1980, disallowing his claim for a retroactive temporary. promotion from grade GS-13 to GS-14 with backpay, for the period November 25, 1973,to February 4, 1976, incident to his employment with the Department of Health, Education, and Welfare (HEW). On November 25, 1973, Mr. Johns was appointed to a GS-13 position as a non-supervisory Criminal Investigator in the Chicago Regional Office of Investigations and Security, HEW. Prior to his appointment, Mr. Johns was allegedly informed by the hiring officer, Mr. Nathan D. Dick, that he would be employed as a GS-13 acting in a GS-14 supervisory position until funding problems were resolved. The GS-14 position to which Mr. Dick referred was cancelled by HEW on November 1, 1973, and was not reestablished until October 6, 1975. Nevertheless, Mr. Johns was given the title Acting Investigator-in- Charge and was allegedly required to perform duties commensurate with the abolished GS-14 position. Mr. Johns continued to function in this capacity until June 1976, when he was promoted to a GS-14 position in the Denver Regional Office. Mr. Johns filed a claim with HEW for retroactive temporary promotion and backpay for the period November 25, 1973,to June 20, 1976, basing the claim on his alleged detail to the GS-14 position. HEW granted him a retroactive promotion for the period February 4 to June 20, 1976, on the basis that Mr. Johns had been detailed to the reestablished GS-14 position for more than 120 days. The agency denied his claim with respect to the period preceding the date cf reestablishment. Mr. Johns then submitted the matter to the Claims Division of our Office. Our Claims Division disallowed his claim for the reason IT,

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