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B-198388 1 (1981-02-23)

handle is hein.gao/gaobadjdg0001 and id is 1 raw text is: STHE COMPTROLLER GENERAL DECISION OF THE UNITED STATES Z WASHINGTON, D.C. 20548 FILE: B-198388 17DATE: February 23, 1981 MATTER OF: Paul Monteleone -_Retroactive Temporary Pro- motion and Backpay- Effective Dat.e of Position Classification DIGEST: Employee's claim for retroactive promotion and backpay for overlong detail under Turner-Caldwell line of cases was denied by our Claims Group because record did not support finding that employee was detailed to an established classified higher-grade position. Employee on appeal disputes agency's contention that subject position was not properly established and classified during period of claim. Disallowance is sustained since administrative record supports agency's finding that subject position was not officially established in accordance with prescribed agency and CSC requirements during period of claim. Mr. Paul Monteleone, through his authorized re- presentative, requests reconsideration of his claim for a retroactive temporary promotion and backpay which was denied by our Claims Group settlement of January 15, 1980. We are sustaining the adjudication of our Claims Group in accordance with the following analysis. Briefly, Mr. Monteleone has claimed a retroactive promotion and backpay under our Turner-Caldwell line of decisions, 55 Comp. Gen. 539 (1975), and 56 id. 427 (1977), for an overlong detail during which he alleges that he performed the duties of a GS-0801-14, Supervisory Engineer, from May 14, 1972, to March 20, 1977, as a civilian employee of the Department of the Army at the Picatinny Arsenal. The record shows that during this time Mr. Monteleone's official position was General Engineer, GS-0801-13. The Army denied Mr. Monteleone's claim, finding that the position the duties of which he alleged he performed was not established by appropriate personnel action until August 1975, when classifiers officially /560 0

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