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B-191360 1 (1978-05-10)

handle is hein.gao/gaobadfzw0001 and id is 1 raw text is: I .DECIUICN FILE: B-191360 i I. Agmsarian 'q. THE COMPTROLLEN WENERAL OF THE UN;ITED STATES 4 WASHINOTONr. D.C. aOdcs (ulsp Oivfers DATE: my 10, lyr MATTER OF: Russell Swain - Claim for Backpay C1GEST:7 Employee of Department of Housing and Urban Development claims retroactive promotion and accompanying backpay for period of alleged wrongful classification. Claimant has no entitlement under civil service regulations and Stpreme Court holdibg in United States v. Tuatan, 424 U.S. 392 (1976) that neither Classification. Act, 5 U.S.C. 5101-5115 (1970) non.the fack Pay Act, 5 U.S.C. f,593 (1970), crtates a substantive right to oacpay for period of wronCf. positivn classification. See B-183218, 41nch 31, 1975. By recent correspnderce Mr'. Russell Swain. an employee of the Departmrnt of Housing andF Urban Devlopment (1D) in Buffalo, New York, has appealed the action of our Claims Division which in Certificate of Settlement dated January 26, 1978, disallowed Mr. Swain's claim for a retroactive promotion and accompanying backpay. This claim arises o't of M. Swain's allegations that he was improperly classified at the grade 0S-11 level and that he was j.e*forming ducies of higher graded positions and that he was also assigned to a higher graded position. The record shows that on Febr iry 21, 1971, Mr. Swain was raassignad from the position of Realty Specialist grade GB-11 to trt'bf Rehibilitations Loan and Grants Representative grade GS-11. On October 17, 1971, another individual was appointed to a posi- tion in Mr. Swain's office from the Civil Service Commission Registeo as a Community Development RepresentLtive grade C5-12. This indi- vidual was apparently hired as Mr. Swain's replacement. Effective November 23, 1971, Mr. Swain was reassigned from his position as Comaunity Development Representative grade GS-11 to that of Codes Specialist grade G5-51. Wt. Swain continued in the ,Code Specialist grade GS-11 position in the Operations Division, Planning and Relocation Branch until Octobar 27, 1974, when he was promoted to grade GS-12 due to the reclassification of his Codes Specialist position. . -.- I 0 A -Li4

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