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B-200550 1 (1982-06-28)

handle is hein.gao/gaobadkld0001 and id is 1 raw text is: 0'S 554 THUg CU1'PTRO3LLER GRNFERAL oF rHi UNITUC::5TAT0B WASH IUr3JTON, D. 201548 B-200550 MATTER 0I Il3E6T . DATE; June 28, 1982 George Lane - Retroactive Temporary Promotion and 3ackpay Employee claims retroactive temporary promotion and backpay due to detail from GS-12 to GS-13 position while employed by the Department of the Army. He seeks retroactive tem- porary promotion and backpay under our Turner-Caldwell decisions. How- ever, the Court of Claims ruled in Wilson v. United States Ct. Cl. No, 324-81C, Order, October 23, 1981, that employees have no entitlement under statute or the Federal Person- nel Manual to terporavy promotion for overlong details. Since we have recently ruled that we will follow the Wilson decision and no longer follow our prior Turner-Caldwell decisions with respect to pending or future cases, the employee's claim is denied. See Turner- Caldwell III, B-203564, May 25, 1982. The iusue in this decision is the entitlement of an employee to a retroactive temporary promotion and backpay incident to an overlong detail to a higher graded posi- tion, based on our Turner-Caldwell decisions. Mr. George Lane, an employee of the Department of the Army, has appealed our Claims Group settlement (Z-2818604, August 26, 1980), denying his claim for a retroactive tem- porary promotion and backpay incident 'to an overlong detail. Our Claims Group denied Mr. Lane's claim on the basis that ie was not detailed to an established, classified position. Mr. Lane's claim rescs upon our 'i'urnrr-Caldwell deci- sions, 55 Comp. Gen. 539 (1975), sustainud in 56 Comp. Gen. 427 (1977), which held that employees who were du- tailed to higher graded positions more than 120 days with- out prior approval by the United States Civil Service .ese9 .i*~I - -. .I.F9*.~fl. DECISION FILE: . - - - -40 ..1 1 . , . - . - -4

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