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B-201927(VBG) 1 (1981-02-23)

handle is hein.gao/gaobacuts0001 and id is 1 raw text is: 





GAO                                            7q
United States General Accounting Office         Office of
Washington, DC 20548                               General Counsel
                                                   In Reply
                                                   Referto: B-201927(VBC


                                   February 23, 1981



      Arnold S. Battise, Esquire
      Assistant Regional Attorney
      Office of the General Counsel
      Department of Health and Human
         Services, Region VI
      1200 Main Tower Building
      Dallas, Texas   75202

      Dear Mr. Battise:

           This refers to your  letter of Januar  22, 1981,
      in which you ask for our opinion  on the propriety
      of granting i retroactive  temporary promotion in the
      circumstances stated in your  letter.

           As I informed you by  telephone on January 21,
      1981, we will provide you with  the general rules
      relating to retroactive promotions  and with copies
      of prior decisions in order  to assist you in this
      matter.

           As a general. rule, a promotion action may not
      be made retroactive so as  to increase an employee's
      right to compensation.  The  exceptions to this rule,
      and the cases where backpay  may be awarded, are
      instances in which an administrative  or clerical
      error:

           (1)  prevented a personnel  action from
                being effected  as originally intended,

           (2)  resulted in  a nondiscretionary
                administrative  regulation or policy
                not being carried  out, or

           (3)  deprived the  employee of a right
                granted by  statute or regulations.

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