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B-187861 1 (1977-06-17)

handle is hein.gao/gaobadesq0001 and id is 1 raw text is: 
02585 - [A1792817]

[aequeet for Reconsideration of Retroactive Promotion and
Backpay]. 8-187861. June 17, 1977. 2 pp.

Decision re: Gary K. Neller; by Hilton Socolar (for Elmer B.
Stants, Comptroller General).

Issue Area: Personnel Management and Compensation: Compensation
    (305).
Contact: Office of the General Counsel: Civilian Personnel.
Budget Function: Genral Government: Central Personnel
    Management (805).
Organizatica Concerned: VTerans Adiaistration; VA Hospital,
    Oklahoma City, OK.
Authority: Clcsification Act of 1949, as amended (5 U.S.C.
    5101-*115). Back Pay Act (5 U.S.C. 55961. 5 C.F.H. 511.701.
    5 C.P.R. 511.703. 55 Comp. Gen. 515. United States v.
    Testan, 424 U.S. 392 (1976).

         The claimant requested reconsideration of a settlement
disallowing his claim for a retroactive promotion and
accompanying backpay for a period of alleged wrong
classification. The cliisant had no entitlement to either under
civil service regulatiins. The Supreme Court held in United
States v. Testan that neither the lassification Act nor the
Back Pay Act creates a substantive right to backpay for a period
of wrongful position classificatiod. (Author/sC)




























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