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B-196614 1 (1980-03-05)

handle is hein.gao/gaobadibk0001 and id is 1 raw text is: 'A B-196614 DATE: March 5, 1980 A GS-15 employee was detailed to GS-16 and 17 (supergrade) positions without the agency requesting approval from the Civil Service Commission as is required by 5 U.S.C. S 3324(a). Since the agency had no authority to unilaterally place an employee in a supergrade position, retroactive temporary promotion Wh? denied/See 56 Comp. Gen. 432 (1977). Estoppel argument must fail because the agency acted beyond the scope of its authority. See cited cases. By a letter dated September 17, 1979, Mr. Martin M. Puncke, through his attorney, appealed our Claims Division's settle ent issued September 6, 1979, which disallowed his laim for a retroactive temporary promotion and backpay In his appeal Mr. Puncke does not mention that portion of his claim prior to march 24, 1970, which the Claims Division found to be barred by the act of October 9, 1940, 54 Stat. 1061, as amended, 31 U.S.C. § 71a (1976), which bars claims against the United States not received in the General Accounting Office within 6 years of accrual. Therefore, we consider his appeal to cover only that portion of the claim which accrued on or after -March 24, 1970. For the record, however, we note that the Claims Division was correct in finding that the portion of Mr. Puncke's claim which accrued prior to March 24, 1970, is barred by 31 U.S.C. § 71a, since the claim was received by the General Accounting Office on March 24, 1976. The record shows that during all portions of the claim Mr. Puncke was employed in a CS-15 position by the National Highway Traffic Safety Administration, Department of Transportation. From before March 24, 1970, until July 19, 1972, he served as Acting Chief, Division of Enforcement Processes, a GS-16 position. In addition, from before March 1970 until 6~ffr~ 1 3o2 T 01ULER / 0 ~THE COMPTROLLER GENE~RAL E C IS 1D~ rd OF THE UNITED STATES SWASHINGTON, 0. C. 20548 LN TE FILE: MATTER OF:Martin M. Puncke DIGEST:

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