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B-200748 1 (1981-02-03)

handle is hein.gao/gaobadjbw0001 and id is 1 raw text is: DECISION FILE: B-200748 MATTER OF: L.IL:..r- I , '(- THE COMPTROLLER GENERAL OF THE UNITED STATES - - .'. W ASHINGTON, . .C. 2054E8 SDATE: February 3, 1981 Barbara A. Ralston -- Retroactive Temporary Promotion . A GS-1411-06 library technician requests retroactive promotion for performing duties of GS-1410-11 professional librarian. Claim is denied as employee did not meet CSC Handbook X-118 qualification requirements for promotion to GS-1410 position, and an employee is not entitled to a retroactive temporary promotion unless he or she is eligible for permanent promotion to the position. Neither may retroactive temporary promotion be granted on basis that position to which employee was detailed should have been reclassified to position series and grade for which she was eligible. By a letter dated September 22, 1980, Ms. Barbara A. Ralston appealed the action of our Claims Group, FGMSD, in Settlement Certificate No. Z-2805842, issued August 14, 1980, which disallowed her claim for a retroactive promotion. We affirm the disallowance of Ms. Ralston's claim, since an employee of the Federal Government is not entitled to a retroactive temporary promotion unless he or she is eligible for a permanent promotion to the position. The facts of this case are as follows. On July 20, 1976, Ms. Ralston, an employee of the Defense Logistics Agency (DLA),/ requested a retroactive temporary promotion and backpay between grades GS-6 and GS-11 under the rationale of our Turner-Caldwell decisions, 55 Comp. Gen. 539 (1975) and 56 id. 427 (1977). This claim was based on the grounds that Ms. Ralston, a GS-1411-06 library technician, had assumed the duties of a GS-1410-11 professional librarian on or about September 29, 1974. Ms. Ralston's claim for a retroactive promotion was denied by DLA on February 24, 1978, on the grounds that she did not meet either the requirements of CSC Handbook X-1l8 for the GS-1410-11 librarian position or the time-in-grade (Whitten Amendment) requirements. On June 23, .978, Ms. Ralston requested review of her claim by the General Accounting Office. The claim was forwarded to our Claims Division (now Claims Group, AFID) on August 8, 1978. The Claims Division returned Ms. Ralston's claim Jlq-243

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