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B-203621 1 (1982-07-07)

handle is hein.gao/gaobadkly0001 and id is 1 raw text is: 9 . . III 13 DECISION FIL: THI COMPTROLLER CINERAL OF THU LINITED LITATUU WASHINCTON, 0.0. WO4U B-203621 MATTEfl OF DIEG'ST: DATE: July 7s 1982 William C, Dulin Former GC-13 employee of the Government Printing Office, who alleges he was detailed to a GG-14 staff assistant position in the Office of the Public Pfinter, appeals denial by our Claims Group of claim for rotroactwe promotion and backpay under our Turner-Caldwell deciotions. However, th e-Cort of claims ruled in Wilson v, United States, Ct. Cl, No* 324-81C, OderOctober 23, 1981, that employees have no entitlement under statute or the Federal Personnel Manual to temporory promotions for overlong details, Since we have recently ruled that we will follow the Wilson decision and no longer follow our-r'i-r Turner- Caldwell deciiions with respect to p0-ending or futasre cases, the employee's claim is denied. See Turner-Caldwell iII, B-203564, May 25, 1982. The issue in this decision Is the entitlement of an employee to a retroactive temporary promotion and backpay incident to an overlong detail to a higher grade position based on our Turner-Caldwell decisions. Mr. William C. Dulin, a former cmployee of the Govern- ment Printing Office, has appealed tht action of our Claims Group (Z-2822945, March 4, 1981), denying his claim for a retroactive temporary promotion and backpay from grade GG-13 to a GG-14 Staff Assistant position in the Office of the Public Printer, Mr. Dulin's claim was donieV, on the basis of a statement by the Governent Printing Office that there was no established and classified GG-14 position of Staff Assistant in the Office of the Public Printer. Mr. Dulin's claim is based upon our Turner-Caldwell decisions, 55 Comp. Gen. 539 (1975), sustaind in 56 Comp. Gen. 427 (1977), which held that employees who were detailed to higher grade positions more than 120 days without prior approval by the United States Civil Service Contission (now Offi.e of Personnel Management), are entitled to temporary promotions aiJ backpay beginning on the 121st day of the I - %q _ °.I- . I . a

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