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![handle is hein.gao/gaobaddba0001 and id is 1 raw text is:
D E C ! Dnj
-A'
B- 1832 14
DATE: JUL 9 1976
q'S323
MATTER
DIGEST:
OF: Sam R. Sutton - Claim for Retroactive Promotion
and Backpay
Employee claimed retroactive promotion and
accompanying back pay due to alleged wrongful
classification. Employee has no entitlement
under 5 U. S. C. %k 5101-5115 or implementing Civil
Service regulations, and Supreme Court in United States v.
Testan, 44 U. S. L. V. 4245, March 2, 1976, held that
Back Pay Act, 5 U. S. C. § 5596 (1970) does not apply
to wrongful classification.
By a letter dated November 4, 1975, Mr. Sam R. Sutton appealed
Certificate of fettlcneEnt Io, Z-2552530. issued September 30, 1975,
by our Transportationand Claim2s Division (now Claims Division)
which disallowed Mr. Sutton's claim for a retroactive promotion
from riad GS-10 to G-011 an1 accomnyIing bck pay from
January C, 1067, to Jznuary 14, 1903. The claim1is predicated
upon an allcged wrongful classifiiation.
MIr. Sutton reauested reciaasification of his position from GS-10
to GS-11 in J3nuary 1987. The record shows that the personnel office
at the New CrIcans Ditrict of the Corps of Engineers originally
treated his recuest for reclassification as an appeal of' an earlier
personnel action originating in 161. As a result of that treatment
of the reauest and difficulties, such as applying certain standards
to the position, reclassification of Mr. Suttonls position was delayed
until January 1(68. Hence, Mr. Sutton contends that his promotion
should be made effective to the date he first requested reclassification
of his position.
We have consistently held that the classification of positions
in the Ceneral SCel overnod by the Classification Act of
1949, as amended, n conified at sections 9101-5115 of title 5,
United States Code. Section 51-1 empowers the Civil Service
Commission to prescribe reg.ulations regarding the classification
of positions. The reu a of the Commission are contained in
title 5 of the Code of Fcderal Regulations, and section 511, 701,
title 5, states that 4t]he effcective date of a classification action
taken by an agency is the date the action is approved in the agency
or a subsequent date specifically stated. These regulations are
amplified in the Feral :arcnnel Mf anun, Chapter 511, Section 7-la,
which [ttes that 't :: t ;anj th classification)
action retroactively. :See l fM Chapter 531, Section 2-7 (a);
0 79,5a,31 U 92 3
THE COMPTROLLER GENERAL
OF THE UNITED STATES
~VWASHINGTON, [D.C. 20548
\~ r$
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