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B-191796 1 (1978-07-13)

handle is hein.gao/gaobadgen0001 and id is 1 raw text is: -4 44 dNIqN B-191196 --A. ('7/Cr MATTER OF: John J. Curry - Retroactive Promotion and Backpay for Extended Detail to Higher Grade DIGEST: Geological Survey emaployee, detailed to higher grade position for extended period, was not promoted to higher position because of Presidential freeze, and subsequent agency-imposed freeze, on promotions. Although em- ployee is ordinarily entitled to retroactive promotion with back.pay for period beyond 120 days pursuant to 55 Cozzip. Gen. 539 (1975), employee's promotion was properly not made during Presidential freeze. However, agency-imposed freezo does not bar retroactive promotion and backpay. Therefore, employee is entitled to retro- active promotion beginning on date Presidential freeze was lifted. See 56 Comp. Gen. 732 (1977). This aiction is taken pursuant to a request from Posey B. Howell, Chief, Brar'ch of Financial Management, Geological Survey, Depart- ment of the Interior, for an advance decision regarding the claim of Mr. John J. Curry, a former Geological Survey employee, for a retroactive promotion Lnd accompanying backpay. Mr. Curry, a GS-12 employee, served as the Acting Chief, Washington Distribution Section, Publicationr Division, a GS-13 po- sition. from September 17. 1972, to February 18, 1973, when he was officially selected to that position. However, as a result of the President's December 11, 1972.: freeze, and subsequent depart- mental freeze, on hirings and promotions. Mr. Curry was not pro- zioted at that time. Watea the freeze was finally lifted on March 16, 1973, Mr. Curry was noncompetitively promoted to GS-13. Our decision is requested as to whether Mr. Curry may be given a retro- active promotion and backpay on or after January 16, 1973, the 121st day of his detail, in accordance with our Turner-Caldwell decision. 55 Comp. Gen. 539 (1975). t In 55 Comp. Gen. 539, supra. we held that employees detailed to higher grade posiiions for more than 120 days, without prior Civil Service Commission approval, are entitled to retroactive temporary promotions with backpay for the period beginning with the 121st day of the detail until the detail is terminated, provided they are otherwise qualified for such promotion. That decision was made retroactively effective, subject to the statute cf limitations on claims, in 55 Comp. '.4 *1 I i FIL E: T ME COMPThCL.LS.W WENEPAL O THE UNITE EATES WASHINGTON. 0.C. 85os DATE: July 13, 1976

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