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B-189935 1 (1978-11-16)

handle is hein.gao/gaobadgol0001 and id is 1 raw text is: CECIUION FILE: 8-189935 THE CoMPTROLLUPI OENfiR.. OF THm UNIVUC STATEB SWAHINGTON. D.C. P0540 DATE: November 16, 1978 MATTER OF: John R. Hanson - Claim for Backpay and Request for Reconsideration of Denial of Waiver DIGEST: 1. Employee appeala GAO Claims Division's denial of waiver of an overpayment of salary result- ing from premature within-grade increase. Denial of waiver is sustained. Employee should have been aware of Federal ply structure, includ- ing the statutory waiting pcriods between within- grade Increases. Since he made no inquiry con- cerning increaje, he is not without fault. 2. Employee, whose temporary promotion was terminat- ed by supervisor who was serving on improper detail, in not entitled to backpay since super- visor wes de factoemployee and as such hirj acts were valid as to third parties. This de-cision is in response to an appeal by Mr. John R. Hanson, an employee of the Community Services Administration, from our Claime Division's action of April 25, 1977, Z-2622080-121, which denied his applica':ion for waiver of an overpayment of salary resulting from a premature step increase. In addition to appealing that denial, Mr. Hanson has made a claim for backpay. He argues that he is entitled to backpay because his temporary promotion to a higher grade was terminat- ed by a supervisor serving on an improper detail who was without autnorsty to take such action. The record show3 that Mr. Hanson, Program Analyst (Program Development Officer), GS-14, step 3, receivbd a within-grade step increase to 03-14, step 4, effective May 27, 1973. He received a temporary promotion to Chief, Management and Budget Division, GS-15, step 2, effective September 2, 1973, n.ot to exceed 60 days. The temporary promotion was later extended not to xceed June 30, 1974, and then terminated effective Decenber 23, 1973. He received a quality step increase from GS-14 step 4, to GS-14, otep 5, effective May 14 3974. the statutory provision goverr.l.g the timing of step increases, 5 U.S.C. 5335(a) (1970), provides, in pertinent part, as follows: p I

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