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B-190442 1 (1978-04-13)

handle is hein.gao/gaobadfxi0001 and id is 1 raw text is: DECIBIC FILE: 2-19 MATTER O DIGEST: I 0442 ,I .W COMPTULLOR blRRAL . P THE UNITEID ITATUS t/AEMINOTON. D.C. R0aU 0NITE0 DATE: April 13, 1978 F: J. E. Skowronski - Backpay Employee initially appointed to GS-12 position claims backpay for period during which he claims he perforLed duties of ponition earlier chasified at GS-13. Claim may not be allowed. Record in- dicates that position earlier classified as CS-13 was replaced by employe's GS-12 position and such position was not classified at G5-13 until July 1974 rhen it was upgraded and the employee was promoted. Also, retroactive temporary pro- motion and backpay may be granted only for detail to classified position in higher grade. By letter dated July 25, 1977, Mr. J. E. Skowronski requests .-consideration of our Claims Division's denial of his claim fr retroactive promotion anA pay adjustment. Specifically, MW. Skowronski states: Your personal intervention is urgently needed with respect to your March 1977 .DECISION No. B-L83086 providing back pay for unwarranted, unauthorized parsonnel action which detailed me into a higher graded positTdhTfor three yaars as dfined in the list of enclosures below. Enclosure . 1, 2 and 3 expose personnel action which temp :rarily detailed me into my current GS-13 Position Description (PD) #4814 at grade G3-12 for 3 years, exceeding statutory 120 days, without the authorization of VA-Central Xfice mandated in VA Regulation 335A.02a(l)(b). Since I was officially appointed into my current position #4814 on 6/3/71, which was officially classified GS-13 on 1/27/69, and VA Central Of- fice has never authorized any classific'tion change as prohibited by enclosed copy ot .'A Regu- lation 335A.02a(l)(b), this unbroken li .eage of my position #4814 to the present time jistifies statutory rIghts of 'Equal Pay for Equal Work', in compliance with the 'general rule' -.ated b' G.A.O. in enclosure 8, 'an Employee of :he Gov- ernment is entitled to the salary of the positi -n L 6 a (I ~tiA..O

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