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B-197465 1 (1980-08-19)

handle is hein.gao/gaobadimo0001 and id is 1 raw text is: 7/ THE COMPTROLLER GENERAL DECIIO S 10\NOF THE UNITED STATES WASHINGTON, D.C. 20548 FILE: B-197465 DATE: August 19, 1980 MATTER OF: Herschel S. Pilloff - laim fo etroactive temporary promotion and backpayJ DIGEST: Employee assigned duties of abolished higher-grade position is not entitled to retroactive temporary promotion since he was not detailed to classified, established position. Furthermore, employee's classification claim is not within jurisdiction of General Accounting Office. Mr. Herschel S. Pilloff appeals our Claims Division Settlement No. Z-2803286, dated May 18, 1979, denying his backpay claim based on our Turner-Caldwell decisions, 55 Comp. Gen. 539 (1975), affirmed at 56 id. 427 .(1977). Those decisions hold that if an employee is detailed to a position classified at a higher grade for a period in excess of 120 days without prior Civil Service Commission (CSC) approval, he or she is entitled to a retroactive temporary promotion and backpay for such period provided all qualifications and other requirements for such promotion are met. See paragraph 8C, Federal Personnel Manual (FPM) Bulletin No. 300-40, May 25, 1977. On October 27, 1974, Mr. Pilloff was promoted to the GS-14, position description No. 74-138, Physicist (General), in the Office of Naval Research, Department of the Navy (Navy). This position description was established April 26, 1974. On May 1, 1974, a vacancy announcement was issued by the Navy which advertised a posi- tion listed as Physicist (General), GS-1310-14 or 15 (one position). It is unclear whether Mr. Pilloff filled this position. The Navy states that a GS-15 position was vacant at the time position de- scription No. 74-138 was established, however, it was position de- scription No. 70-149. The Navy further states that the GS-15 position was subsequently cancelled before Mr. Pilloff qualified for promotion under the time-in-grade requirements of the Whitten Amend- ment. Nevertheless, Mr. Pilloff claims that he was detailed to the higher-grade position from October 27, 1974,to May 21, 1978, on which date he received a career promotion to a GS-15 position estab- lished on May 19, 1978. In support of his contention, Mr. Pilloff asserts that he was assigned responsibilities commensurate with the higher level, and that his duties equaled or-exceeded those per- formed by his GS-15 predecessor. Furthermore, Mr. Pilloff argues

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