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B-192084 1 (1979-02-23)

handle is hein.gao/gaobadgyu0001 and id is 1 raw text is: 



                           THE  COMPTROLLER GENERAL
DECISION 0;= D THE UNITED STATES
                    WASH VVASHNG TON. 0.C. 2 0548e
                  CN
                                                         t04


FILE:    B-192084


MATTER   OF


DIGEST:


DATE:  February 23, 1979


    Thomas Sherman- -Retroactive Promotion--
    Extended Detail

A grade GS-15 employee, who was officially
detailed to an established, classified, higher
level position on May 25, 1977, and who was
approved as fully qualified for promotion to
grade GS-16 in that position by the Civil Service
Commission  (CSC) on September 12, 1977, is
entitled to a retroactive temporary promotion to
grade GS-16 for the period commencing with
121st day of the detail (September 23, 1977),
since CSC did approve the employee's qualifica-
tions for promotion but did not approve or
sanction his extended detail as a grade GS-15 to
a higher level position. Matter of Turner-
Caldwell, 55 Comp. Gen.  539 (1975); Nlatter of
WT[rihF Rankin, Jr., 56 Comp. Gen.7T2(197).


    This action involves a request for an advance decision from
Mr.  Anthony J. Lapallo, Acting Director, Personnel Systems and
Payroll Division, Department of Housing and Urban Development
(HUD),  as to whether a retroactive temporary promotion may be
granted to Mr. Thomas  Sherman, a grade GS-15 employee, incident
to his extended detail to a higher grade level position.

    Mr. Sherman  was assigned on a temporary bas'   act as the
Director, Office of Assisted Housing Manage nt, HUD,  effective
-December 13, 1976. This was a new office, created as the result
of a reorganization within HUD. At that time, no grade classifica-
tion had been assigned to the post, and Mr. Sherman merely under-
took the performance of unclassified duties.  However, on
May  25, 1977, the Civil Service Commission (CSC) classified the
post as a grade GS-17 position, thus converting it to an established,
classified Federal position. Subsequently, on September 12, 1977,
CSC  reclassified the position to the grade GS-16 level, and simul-
taneously approved Mr. Shernan's qualifications for promotion to
grade GS-16 in that position. It appears that Mr. Sherman was not
then promoted due to a review of HUD's staffing procedures, and in
March  1978 CSC directed that candidates for the position be reeval-
uated under corrected merit promotion program procedures. In
taking such action, CSC authorities emphasized that this in no way
reflected upon Mr. Sherman, and it was said he still met the basic
qualifications of the position.

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