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B-199454 1 (1981-11-16)

handle is hein.gao/gaobadjwj0001 and id is 1 raw text is: 1~ ( V'A- 7' 4I IDICISION THE COMPTFOLLBAI S1ERAL L2 PTHI UNITEP RTATES WASHINGTON. DoOs 2$0540 .B-199454 DATE: tioveMver 16, 1981 MATTER OF: artin B. Bennett - Detail to higher graded position DIGEST: Gradq GS-!l investigator with the Food and Drug Administration (FDA) was assigned as Acting Supervisory Inspoctor of the ?roduct Safety Group in May 1973, but effect;%ve June 10, 1973, employee and his group were transferred from FDA to Consumer Product Safety Commission (cPSc), On and after that date employee continued to perform saime supervisory duties at CPSC until Febrllary 1, 1974. Employee'slaclaim for retroactive tem- porary promotion and backpay for overlong detail uinder Turner-Caldwell dqfwision is denied, It has not been shown that a higher graded position had been established at FDA or CPSC prior to October 11, 1973, After that date the period the employee was de- tailed to the established, higher graded position did not exceed 120 days. 1% In this decision we ax% considering the appeal by Mr. Martin D. Bennett of our Claims Group's denial of his claim for a retroactive temporary promotion and baacpay based on our Turner-Caldwell decisions, 55 Comp. Gen, 539 (1975), and 56 id. 427 (-1977). We held in our Turher- Caldwell decisions that employees officially detailed to established higher level positionti for more than ' .?O days without prior Civil SQrvice commission approval are (ntitled to retroactive temporary promotions with bac-pay beginning with the 121st day of the detail until the detail is ter- minated. We here sustain the Claims Group's disallowance since we hold that Mr. Beuinett has failed to prove that he was detailed to an established, higher graded position for more than 120 days. The administrative record shows that on May 21, 1973, Mr. Bennett, who was then a grade GS-lI investigator working for the Food and Drug Administration (FDA), was assigned as Acting Supervisory Inspector of the Product Safety Group formed within the New York District of the FDA. Effective, June 10, 1973, Mr. Bennett and his group were transferred FILE;

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