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B-173815.45 1 (1976-07-06)

handle is hein.gao/gaobaddbm0001 and id is 1 raw text is: U \ THE COMPTROL, .R GENERAL IDECISIOl .3e' . OF THE UNITED STATES WASHINGTON. 0.C. 2o54 FILE: DATE: JUL 6 1976 B-173815.4S MATTER OF: Earl Frasier Retroactive Adjustment of Rate [DIGEST: of Pay 1. E-ployee appointed at step 1 of GS-11 may not be authorized retroactive adjustment to higher rate on basis of greater quali- fications, even though he was advised at interview that effort would be made to appoint him at step 6 of CS-11, since authority to appoint at above minimum step is discretionary and there was no abuse of such discretion. 2. Employee appointed at minimum step of GS-11 may not be authorized retroactive adjustment to higher step based on contract purportedly established by advice at interview that effort would be made to Appoint him at step 6 of CS-11 since it is established rule that public employment does not create a contractual relationship in conventional sense. This action is in response to a claim by Mr. Earl Frasier, an employee of the Departmat of the Armay, for adjustnent of his rate of compensation retroactive to his date of appointment. The record indicates that on August 13, 1973, Mr. Frasier was interviewed and offered a position by the Department of the Army as a computer systeas analyst, GS-334-11. At the conclusion of his interview, the selecting official advised Mr. Frasier that an effort would be made to hire him at atep 6 of grade 11 of the general schedule (GS), and on thce referral form to the civilian personnel office, he requested the appointment to be made at GS-11, step 6. However, when Mr. Frasier reported for duty on September 10, 1973, he was advised that his appointment would be in step 1 of GS-11. The record does not conclusively establish whether Mr. Frasier was advised prior to appointment that he iould actually be entering at step I of GS-11 rather than at step 6. Mr. Frasier previously was employed by the Federal Government as a Computer Programer, CS-9, until June 1967.

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