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B-196561 1 (1980-03-05)

handle is hein.gao/gaobadjbh0001 and id is 1 raw text is: A ~'r 4- ' 7 - ' THE COMPTROLLER GENERAL ~E~6IC .(~>f .OF: THE UNITED STATES WASHINGTON, 0. C. 20548 FILE: B-196561 DATE: March 5, 1980 MATTER OF:Scott N. Lee DIGEST: A GS-15 employee was detailed to a GS-16 (supergrade) position without agency requesting approval from the Civil Service Commission as required by 5 U.S.C. § 3324(a). Since agency had no authority to unilaterally place an employee in a supergrade position, retroactive temporary promotion is denied. See 56 Comp. Gen. 432 (1977). Estoppel argument must fail because the agency acted beyond the scope of its authority. By a letter dated September 17, 1979, Mr. Scott N. Lee, through his attorney, appealed our Claims Divipion's settlement issued August 9, 1979, which denied his(claim for d retroactive temporary promotion and backpa!9 The record shows that at the time of the claim Mr. Scott was employed in a GS-15 position by the National Highway Traffic Safety Administration, - Department of Transportation. 14r. Scott was assigned the duties of Chief, Accident Investigation Division, a GS-16 position, by a memorandum dated January 8, 1976. He was formally detailed to that position on March 1, 1976. On May 9, 1979, Mr. Scott requested a retroactive temporary promotion to grade GS-16 and backpay from Januar# 8, 1976, until January 3, 1978. His request was administratively denied on May 29, 1979, and denied by our Claims Division on August 9, 1979. Both denials were based on our decision, Matter of Rankin, 56 Comp. Gen. 432 (1977), which held that temporary promotions to supergrade (GS-16, GS-17, or GS-18) positions may be made only with the prior approval of the Civil Service Commission nUow Office of Personnel Management). That decision was based on the statutory requirements of 5 U.S.C. §§ 3324(a) and 5108(a). In his appeal Mr. Scott contends that he should not be penalized for the failure of his agency:

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