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B-193457 1 (1979-08-24)

handle is hein.gao/gaobadhoa0001 and id is 1 raw text is: DECISION 0~jER ~ U'~ 1T~S' THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON, 0. C. 20548 FLE: B-193457 6e DATE: August 24, 1979 MATTER OF: Lee B. Torbert -ackpay for Extended Detail / DIGEST: Although some of the duties of the position to which a GS-9 employee claims he was detailed were previously performed by a GS-12 employee and some were subsequently performed by a GS-13, he may not receive backpay for an extended detail because the position to which he was detailed is not shown to have been officially established and classified as a higher grade position during the period covered by his claim. . Mr. Lee Tolbert has appealed the determination that he is not entitled to a retroactive temporary promotion with backpay for an extended detail to a higher-graded position. For the reasons set forth below, the disallowance of the claim is sustained. By memorandum of July 17, 1972, Mr. Tolbert, an employee of the Department of housing and Urban Development (HUD), employed -Da6 in Newark, New Jersey,was advised that: Until further notice, you are hereby detailed to act as Special Underwriting Assistant to the Assistant Director, S.F.O.B. Mr. Tolbert continued to perform those duties until September 5, 1973. He was officially appointed to a position at the grade GS-9 level until May 27, 1973, and at the grade GS-11 level for the remainder of the period involved. He alleges that the Newark Office where he worked did not have a Deputy Assistant Director until January 1973, when that position was filled at the grade GS-13 level. Mr. Tolbert alleges that the duties he performed were the same as those performed by the Deputy Assistant Director, but does not state whether that position existed as a classified position at the grade GS-13 level prior to being filled in January 1973. Finally,. a memorandum dated June 11, 1973, describing the duties performed by Mr. Tolbert during his detail, states that the detail was necessitated by the reassignment of Appraiser Matthew Kolek to Field Supervisor, a GS-12. Rt2t1I+

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