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B-181223 1 (1976-02-19)

handle is hein.gao/gaobaddgc0001 and id is 1 raw text is: THE COMPTROLLER GENERAL -~D.-CISION OF THE UNITED STATES WASHINGTON, D.C. 20549 I . I NA B-181223 MATTER OF: DIGEST: DATE: FEB 1 976 Richard Siriani - Retroactive Promotion Under Back Pay Act of 1966, 5 U. S. C. 5 5596 (1970), retroactive promotion to grade GS-11, including retroactive pay adjustment, may be made where agency erred in failing to carry out its practice of placing appointee in grade GS-11 attorney position when individual was eligible for that grade at the time of his appointment. I This decision is rendered at the request of Warren F. Brecht, Assistant Secretary (Administration) of the Treasury Department, by letter dated May 7, 1975. The question raised is whether the Internal Revenue Service (IBS) may make a retroactive promotion to GS-11 with backpay in the case of Mr. Rlichard Siriani. The submission shows ,*-r. Siriani was hired by the Detroit District under an Lxcepted 'ppointrcnt, and con;menccd work on January 2, 1974. At the time of his appointnent, Mr. Siriani was informed that he had boen rated ineligible for a grade GS-11 Attorney position but that it was the intention of the Di.Lrict Cffice to promote him to that level as soon as he bec.ane eligible. However, in May 1974 Mr. Siriani questioned the gradc3e at which he had been hired because other IR3 offices hired applicants with his analifications at GS-11 and .because he had been performing at the GS-11 level.since his appointment. At that time a review of Mr. Siriani's aualifications showed that he had been eligible for a grade GS-11 Attorney position at the time of his appointmr ent but that there had been an incorrect determination that he was ineligible for a grade GS-11 Attorney position. In September 1974 Mr. Siriani was promoted to grade GS-905-11. The employee seeks to have his grade GS-11 Attorney appointment made retrcactive to January ?, 1974. The Detroit District Office of the Internal Revenue Service acknowledges the administrative error in rating Mr. Siriani ineligible for a grade GS-11 Attorney position at the time of his appointment and supports his reauest to be retroactively appointed to grade GS-11, effective January 2, 1974, with retroactive pay. The Detroit District FILE: 0

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