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B-195223 1 (1980-03-04)

handle is hein.gao/gaobadiaz0001 and id is 1 raw text is: & OEC3141m STHE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON, 0. C. 20548 FILE: 3-195223 DATE arc 1980 MATTER OF: Daniel Blank- ackpay o Etended Detail DIGEST: Employee claims to have performed the duties of a higher-level position from July 30, 1973 to March 3, 1978. The agency granted him a retro- active temporary promotion to February 29, 1976, the date the position was officially cancelled. Employee's claim for backpay from February 29, 1976 to March 3, 1978, is denied since there can be no temporary promotion to a position which is not classified. Question of whether cancellation of the position and the resulting termination of the retroactive temporary promotion constituted an adverse action is for determination by the Merit Systems Protection Board. This decision concerns a .}equest for reconsideration of the claim of Daniel Blank for a retroactive temporary promotion for the period February 29, 1976 through March 3, 1978. Mr. Blank's claim was disallowed by our Claims Division by settlement dated April 17, 1979. Mr. Blank, a GS-12 employee of the Department of Labor, was detailed to a GS-13 position on July 30, 1973, and he claims that he continued to perform the duties of that position until March 3, 1978. He requested a retroactive temporary promotion for that period, relying upon our decision in-David L. Caldwell and Everett Turner, 55 Comp. Gen. 539 (1975) and related cases. The agency granted him a retroactive temporary promotion for the period November 27, 1973, the 121st day of his detail, to February 19, 1976, the date the higher-level position occupied by Mr. Blank was officially cancelled. Mr. Blank now seeks a retroactive temporary promotion for the period February 29, 1976 to March 3, 1978. He argues that he had no notice or knowledge of the fact that the position to which 1e had been detailed had been abolished on February 29, 1976, and that he continued to perform the duties of the higher-level position until March 3, 1970. As a general rule, an employee is entitled only to the salary of the position to which he is officially appointed regardless of the duties he performed. An exception has been made where an employee has been detailed for more than 120 days without CSC approval to a classified position in a higher grade to which he could have been 11110'4

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