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B-193588 1 (1979-04-10)

handle is hein.gao/gaobadhct0001 and id is 1 raw text is: DECISION FILE: B-193588 THE COMPTROLLER GENERAL Z ad OF THE UNITED STATES WASHINGTON, D. C. 20548 IDATE: April 10, 1979 MATTER OF: Grace .. Woodring - Salary Rate Upon Reemployme t DIGEST: Employee who had been previously.employed by CS at GS-5, step 6, requested and was given assurances that she would be reemployed at the GS-5, step 10, rate. Upon being reemployed employee discovered that her pay was set at GS-5, step 6, in accordance with requirement in 5 C.F.R. § 531.203(c). Em- ployee's claim for pay at the higher rate is dis- allowed. Section 531.203(c) prohibits reemployment of employee in excess of highest previous rate and even though officials may have mislead employee, they acted beyond scope of their authority and cannot bind Government. Also, GAO has no authority to grant equitable relief in violation of a regulation. Ms. Grace R. Woodring, an employee of the Community Services Administration (CSA), Region IV, has requested a decision on her claim that she should be paid at the GS-5, step 10, rate instead of the GS-5, step 6, rate. Ms. Woodring was reemployed by CSA on August 13, 1978, at grade GS-5, step 6, at $11,619 per annum, after a period of employment in the-private sector, Ms. Woodring believes she is entitled to the pay for step 10 of GS-5 since on her application for employment, SF 171, she stated that the lowest pay she would accept with CSA was $12,947 per annum. The salary of $12,947 per annum was the GS-5, step 10, rate at that time. The position for which Ms. Woodring applied was that of a Clerk (typing), GS-0301-05. Although the letter informing Ms. Woodring of her selection for that position did not indicate any step to which she would be entitled, she alleges that a Personnel Management Specialist in Region IV's Personnel Office assured her prior to her acceptance of the position that her requested salary level was OK. Upon receipt of her first pay check from CSA, Ms. Woodring discovered that she had actually been employed and paid at the GS-5, step 6, rate. Ms. Woodring states that due to her pressed financial situation she would never have left her real estate job to work r0c) k

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