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B-191392 1 (1978-11-01)

handle is hein.gao/gaobadttc0001 and id is 1 raw text is: RE • ..E.AS El, P NITED STATES GENERAL ACCOUNTING .OFFICE .WASHINGTON, D.C.- -20548: OF' GENCRAL COUNSgL B-19 1392 UO1 1978 Murphysboro,. Illinois 62966 Dear Reference is. nade -to your letter-of June 1, 19-78, in which you request recosideration of-our decision B-191392, April 20' .1978, which denied, you retroactive promotion with backpay-incident to your employment with the Occupational Saf etyand- Health Administra- tion (OS-A) of the Department of Labor.. You state-that the'decision was-based upon the failure*'of the approving authority to -act upon the recommendation for promnotion before your superviso r asked for its return from the personnel office.. You urge that-it now appears. *that the request for promotion dated June 11, 1976, was. approved prior to the request of your supervisor to- withdraw it; however., there is no evidence in the record to support-this contention. * In the decSion it was pointed out that since-your recommen- dation for a career-laddeir promotiontwas' withdrawn by your. supervisor prior to discretionary approval by the*- authorized official,-*A. retro-- active promotion with backpay is not permitted,.as.'there was-no administrative error justifying retroactive-promotion with backpay. under 5 U.s.c. 5596. The decision stated that-a 'career-ladder promotion is not' mandatory, -that withholding it was- within the 'dicreionryauthority of the 'approvi-ng official,.and that-the papproval authority had not been exercised before the first recom- mendation for promotion'x-was withdrawn. Further,-there appears-no legal -basis in-your letter-to question'the discretionary aspects of the denial of the original promotion. The rule is:well: established that.the effective date of a salary change-.resulting from administrative action is the date of approval thereof by a proper administrative official or.' such subsequent date as may be Administratively fixed. See 21 ComP. Gen. 95, 96 (1941),.30id.. 156 (1950),*and decisions cited. .erein.. We regre6t that you find the conclusions with respect to.. your retroactive promotion and backpay unsatisfactory. 'owever e ues rconide'a on fi our may be r osideAed upon preen.a- tion of new faetro, lawor regulations.which were not previously your ~.n.wihteOcpa/nlSftyadHat. Amnsr-, ... ..-; .

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