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B-191959 1 (1978-10-20)

handle is hein.gao/gaobadgnl0001 and id is 1 raw text is: I I DECISION FILE: B-191959 -. rt7r -. /_5 TH COMPTROI.LER GENERAL (J: J T14 *i L TE UNITED BTATEB WADHINGTON, D. C. 20U4a DATE: October 20, 1970 MATTER OF: Samuel B. Sappo - Retroactive Proaetion and Bact:pay DSEST: An employee detailed to a-higher grade position is not entitled to a retroactive temporary promotion tc the higher grade, and backpay since ha did not meet the Civil.Service qualification standards (education requirements) for the position. This decision responds to the requent of Samuel R. Sappo for recon- sideration of his claim for a rbtroactive temporary promotion with back- pay denied by our Claims Division in its settlement certificate Z-2769356, December 14,.1977. The record shows that for the period Seotember 30, 1971, thruigh May 7, 1973, while occupying a position classified as grade GS-13, Chief, Branch of Motion Pictures (GS-1071 series), in tne Bureau of Mines, De- partment, of the Interior, Mr. S9ppo was detailed to serve in a higher level position of grade GS-14, Superviory Education Specialist (PS-1710 series). By letter of July 12, 1977, the Chief, Division of Perbinnel, Bureau of Mines, inforned Mr. Sappo that the records in his official Per- sonnel Folder did not indicate he pczsessed the minimum education require- ments in United States Civil Service Commission (CSC) Handbook X-118 for the position of Supervisory Education Specialist, GS-1710-14. Consequently, it was concluded that Mr. Sappo could not receive a retroactive temporary promotion for his extended detail to the position having this job class- ification. In our.'Turner-Caldwell decisions, 55 Comp. Gen. 539 (1975), affirmed at 56 Comp. Gei. 427 (1977), we held that an employee had to satisfy the requirements for a temperary promotion before the remedial action author- ized by those decisions - retroactive temporary promotion with backpay - could be granted. The CSC prcmulgated implementing instructions for our Turner-Caldwell decisions in CSC Bulletin 300-40, dated May 25, 1977. In paragraph Sc of the Bulletin, the CSC emphasized that an employee has to satisfy both stat ,tory requirements and the CSC's regulatory requirements in order to be promoted, and it listeo examples of requirements tht are applicable, including the minimum CSC qualification standards for competitive positions as set forth in CSC Handbook X-118C. The CSC's minimum qualifications in Handbook X-118 for all positionz in the Education anc Vocational Training Series (GS-1710) require formal M I I e4,,.e - r W(_ I

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