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B-193918 1 (1979-09-21)

handle is hein.gao/gaobadhpv0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISIO.N OF THE UNITED STATES . .. WASHINGTON, D.C. 20548 FILE: B-19391 MATTER OF: DIGEST: 1. 8 DATE: September 21, 19T9 Vaughn W. Peavy -LClaim for Retroactive Promotion and Backpay Employee claims retroactive promotion and accompanying backpay incident to personnel office's .failure to process papers associated with promotion action. Where record does not show that agency official authorized to approve the promotion had done so, and in the absence of a nondiscretionary agency policy or regula- tion requiring that employee be promoted, there is no basis to allow a retroactive promotion with accompanying backpay, and the claim may not be allowed. 2. Employee claims a retroactive promotion and backpay on the basis that he held a like job with a like job description to that of another employee who occupied a higher grade position. Claim may not be allowed as generally an employee is entitled to the salary of the position to which he has been appointed regardless of the duties he may perform. By letter dated January 4, 1979, Mr. Vaughn W. Peavy, an employee of the Department of the Army, has appealed from our Claims Division's November 15, 1978 settlement which disallowed his claim for a retroactive promotion and backpay for the period from February 13, 1970, to February 28, 1971. Mr. Peavy's claim is based upon the alleged failure of the agency's personnel office to properly process a pending promotion action and his performance of duties associated with a higher grade position. Our Claims Division's disallowance is sustained on the basis that the record neither establishes that the appropriate administrative official approved Mr. Peavy's promotion nor shows the existence of an administrative requirement that he be promoted at a specified time. Under the circumstances he is entitled only to the salary of the position to which he had been appointed. I

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