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B-190695 1 (1978-07-07)

handle is hein.gao/gaobadgeg0001 and id is 1 raw text is: DECISI FILE: BJ MATTER DIGEST; ON L90695 THG COMPTROLLER GENERAL . A OF YHE UNITED BTATES WA BHINGTON. D.C. 2050%48 DATE: July 7, 1978 OF: Mr. David .'.. Webb - Backpay and retroactive promotion for alleged improper cl*t :fication 1. Questions regarding classification of positions are solely within jurisdiction of employing agency and the Civil Service Commission (5 U.S.C. 5107, at. sag.), and t-Is Office lacks authority to lonsider propriety -f classifica- tion actions. 2. There is no substantive right to backpay for periods cf wrongiul position classification whe:e the pertinent classification statutes 5 U.S.C. ,5101-5115 do not expressly make the United States liable for pay lost through an Improper classification. United States v. Testan, et al., 424 U.S. 372 (1976). 3. An employee of the Guvernment is entitled onl to the salrry of the position to which he l appointed, regardless of the duties 1'e performs. Tbhs, in the absence of an over- long detail, when an employee performs duiLies norially perforaed by one in . Migher grade level [higher than the ono ho hclds,J h2 is not entitled to the salary c? the higher level until the position is reclrssified. This action is in response to Mr. Divid A. Webb's appeal to our Claims Division's denial of his claim for the difference in pay between grades GS-12 and GC-13 commencing Mruceh 3, 1976, and retroactive promotion to the grade CS-i3 level, as an employee of the Department of Health, Education, and Velfare (HEW). Subsequent to the settlement by our Claims Division of Pebruary 4, 1977, the claimant was promoted to the grade CS-13 effective June 6. 1977. His claim has therefore been amended to claim retro.active temporary promotion to grade CS-13 effec- tive March 1976 and retroactive tempurary probotion to gr' 'c F El .i I I I

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