About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-197631 1 (1981-04-23)

handle is hein.gao/gaobadjik0001 and id is 1 raw text is: 7S C THE COMPTgOLLER GENERAL DECISION . -\,l . OF THE UNITED STATES WASHINGTON, 0..C. 20548 FILE: B-197631 f'ATE: April 23, 1981 MATTER OF: Charles F. Standiford - etroactive Temporary Promotion and Backpay7- Detail to Higher Grade Positioi DIGEST: 1. Employee is entitled to retroactive temporary promotion after 120th day of detail to higher-level position for continuous period of detail. Although agency contends higher- level position was abolished during part of detail period, employee has submitted persuasive evidence to the contrary. We find position was a continuing one and that employee performed higher-level duties during entire period of detail. Therefore, employee is entitled to backpay under Turner-Caldwell deci- sions, 55 Comp. Gen. 539 (1975) and 56 Comp. Gen. 427 (1977). 2. Agency submitted claim for backpay to General Accounting Office on December 5, 1977, and it was re- ceived on December 12, 1977. Under 31 U.S.C. § 71a (1976), claim against the United States is barred unless presented to this office within 6 years from date claim ac- crues. Therefore, we may not con- sider any element of claim accruing before December 12, 1971. Mr. Charles F. Standiford, a retired employee of the Department of Health and Human Services, formerly Health, Education and Welfare, appeals the denial of his claim for a retroactive temporary promotion and backpay. Based on our Turner-Caldwell decisions, 55 Comp. Gen. 539 (1975) and 56 Comp. Gen. 427 (1977), he claims that he was detailed to a higher grade position from June 22, 1970, to June 25, 1972. The claim was first received in GAO on December 12, 1977.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most