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B-205641 1 (1982-06-22)

handle is hein.gao/gaobadkii0001 and id is 1 raw text is: a q ti DECISION FILE: B-205641 THE COMPTROLLERf GENIERAL OFT THE UNITflD STATES WASHINGTON, D.. 205453 DATE: June 22, 1982 MATTER OF: Vernon W. Gudkese D!EI3*r: Army employee who pe formed the duties of a position that was later reclatisified to a higher grade level, resulting in the em- ployee's promotion, is not entitled to a retroactive promotion arid backpay for the period his position may have been wrongly classified at the lower grade level, Em- ployee is entitled only to the salary of the position to which he io appoi$:ed, even though the agency may have unreasonably delayed the reclassification process. For delay associated with reclassification, alleged violation of merit system principle of equal pay for equal work does not create action for monetary damages for period of erroneous classification. Mr. Vernon W. Gudkeste, an employee of the Department of the Army, appeals from a settlement of our Claims Group which denied his claim for backpay is the result of delayed reclassification of his position to a higher grade level. Since there is no authority to grant backpay for a period of wrongful classification or to pay damages for delays in processing classification appeals, Mr. Gudkese's claim is denied. Mr. Gudkese states that on January 14, 1970, he was reassigned as a GS-12 Electronics Engineering Supervisor to the position of Chief, Instrumentation Division. Ii&__ also states that after a month in the new job he asked his supervisor to have the civilian personnel office con- duct a desk audit of his position because he thought it was undergraded. No audit resulted, and Mr. Gudkese submitted a formal written request in July 1978 to his supervisor for a position classification review. When it appeared that no action had been taken in response to that request, he tiled a classification appeal with the Office of Personnel Management on August 29, 1979. The Offirc of Personnel Manag.tent initially denied Mr. Gudkese , request that his po.sition be reclassified at least one .ade level higher ast a Supervisory General 6t2~Z/2'6

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