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B-192711 1 (1979-04-09)

handle is hein.gao/gaobadhcs0001 and id is 1 raw text is: DECISION FILE: B-19271 MATTER OF: /^THE COMPTROLLER GENERAL . OF THE UNITED STATES VVASHINGTON, 0. C. 20548 7- -71'~ DATE: April 9, 1979 Barbara J. Monteiro - claim for retroactive temporary promotion and backpay )la/V~y n 1. Grade GS-6 civilian employee of the Department of the Navy, who from December 10, 1975, through June 27, 1977, performed some duties not covered by her job description previously and subsequently performed by higher graded employees, is not entitled to a retroactive temporary promotion to grade GS-7 with backpay, since Federal employees are entitled only to the salaries of the positions to which they are actually appointed regardless of the duties per- formed. United States v. Testan, 424 U.S. 392 (1976). 2. Federal employees who are not officially detailed for an excessive amount of time to an existing, established classified higher grade position are not entitled to retroactive temporary promotion with backpay for such period they perform some of the duties prescribed for the higher position. This action is in response to a letter dated July 16, 1978, from Mrs. Barbara J. Monteiro, an employee of the Naval Electronics Sys- tems Command, United States Navy, Washington, D. C., which constitutes an appeal of action by our Claims Division dated July 14, 1978, denying her claim for a retroactive temporary promotion and backpay for the period December 10, 1975, through June 27, 1977. The record shows that while employed as a GS-6 Mail and File Clerk, Mrs. Monteiro was assigned some message liaison duties which were subsequently included in a GS-9 Management Assistant position advertised on April 12, 1976, and filled by another person through competitive procedures. She contends that she continued to spend substantial time performing message liaison duties from December 10, 1975, through June 27, 1977, even though these duties were included in other job descriptions. Although she claims retroactive pay of a GS-7 Management Assistant for service of more than 120 days in a higher graded position based on 56 Comp. Gen. 427 (1977), her job assignment was not changed during the period and she was not DIGEST: 1

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