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B-184713 1 (1976-08-09)

handle is hein.gao/gaobadujj0001 and id is 1 raw text is: THE COMPTROLLEP GENMRALL DECISION OF THE UNITED STATEB S,: WASHINGTON, 0.C. 20548 FILE: DATE: AUG 9 1976 B-IB4713 MATTER OF: - Compensation--AdIusttent DIGEST: 1. Fmployee who held C.8-12 position assumed duties of abolished OS-13 position. Emp1oyee iz not entitled to backpay for period of claivied wrong- ful classification since neither Classification Act, 5 U.S.C. 5101 et feg., nor Back Pay Act# 5 U.S.C. 5596, creates substantive right to backpay when employee's position is iscassified. 2. rumployee who held G5-12 position assumed duties of abolished 0S-13 position. liew GS-13 position was created and another employee was appointed to position by merit promotion, As result of jrievance examiner's recomendation, emipoyee was appointed to GS-13 positiot under exception to merit promotion procedure, Employee is not entitled to retroactive pay tnder Back Pay Act from establishment of GS-13 position to date of appointment since there was no deter-ination by agency that failure to promote constituted un- justified or unwarranted personnal action resulting in withdrawal of all or part of his pay. This matter involves the claim of , which was the subject of our Transportation and Claims Division (now Claims Dfivision) settlement issued Septemnber 20, 1972, Z-2469393. The settlement disallowed- claim for backpay. held a position at the White Sands Missile R1ane, Department of the Army, classified as GS-12 in 1965, when a ,-13 supervisory potition was sbolisfe61. Since the supervisory dties of the abolished position needed to be performed, apparently on his own initiative, assumed most of the supervisory duties of the abolished position. In June 1969, apparently in response to a complaint by _ the position of Alssile Flight Surveillance Officer, GS-13 was created. The job description of the new position reflected the duties performed by C, ba.-

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