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B-193348 1 (1979-04-10)

handle is hein.gao/gaobadhcp0001 and id is 1 raw text is: 4 DECISION FILE: B-193348 MATTER DIGEST: THE COMPTROLLER:GENERAL OF THE UNITED STATES WASHINGTON, D.C. 20548 DATE: April 10, 1979 OF: Robert C. Klick- Claim for Retroactive Promotion and Backpay jc 7o / r od 1. Grade GS-13 civilian employee of the Depart- ment of the Navy, who between September 1975 and September 1977 was assigned duties previously performed by his grade GS-14 supervisor after the supervisor's position was abolished on August 31, 1975, is not entitled to a retroactive promotion to grade GS-14 with backpay for the period September 1975-September 1977, since Federal employees are entitled only to the salaries of the position to which they are actually appointed regardless of the duties performed. United States v. Testan, 424 U.S. 392 (1976). 2. The principles set forth in 55 Comp. Gen. 539 (1975) and 56 Comp. Gen. 427.(1977), concern- ing the promotion of Federal employees on official temporary details to higher grade level positions, have no application to a claim for retroactive promotion by an employee who was never officially detailed to an existing, established, classified higher grade position. This action is in response to correspondence received from Mr. Robert C. Klick, 30 North Road, Mechanicsburg, Pennsylvania 17055, in which he requested reconsideration of Settlement Certificate Z-2802219 dated July 25, 1978, issued by our Claims Division, disallowing his claim for a retroactive promotion from grade GS-13 to grade GS-14, with backpay, for the period September 3, 1975, to September 30, 1977, incident to his employment with the Department of the Navy. In August 1975, Mr. Klick held the position of Supervisory Procurement Agent, grade GS-13, with the Ammunition Buying Branch, Purchase Division, Navy Ships Parts Control Center, Mechanicsburg, Pennsylvania. It is indicated that at about this time the Ammunition Buying Branch underwent a reorganization. The reorganization was apparently undertaken due to the pending transfer of certain of the branch's ammunition procurement functions to the Department of the Army under a Department of

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