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B-192765 1 (1979-05-09)

handle is hein.gao/gaobadhfd0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WASHINGTON, D.C. 20548 VNITE9 FILE: B-192765 DATE: May 9, 1979 MATTER OF: Helen nsfiel c-Cetroactive Temporary Promotion 4t*q/ 4r / / DIGEST: 1. Employee claims backpay for period from January 20, 1975, to June 6, 1976, for performing duties of higher graded position. Record discloses that higher graded position was abolished on May 10, 1974, and position filled by employee was not classified at higher grade until March 12, 1976. Claim may not be paid since employee occupied higher grade position from March 12, 1976, to June 6, 1976, and that period was less than required 120-day period needed for retroactive temporary promotion under Turner-Caldwell, 55 Comp. Gen. 539 (1975). 2. Employee claims backpay for period of July 1, 1976 to December 6, 1976, for performing duties of higher graded position. Record discloses that employee filled newly created position which was not classified until November 15, 1976. Claim may not be paid since employee did not occupy higher grade classified position until November 15, 1976, and the period from then to December 6, 1976, was less than required 120-day period needed for retroactive temporary promotion under Turner-Caldwell, 55 Comp. Gen. 539 (1975). 3. Matters relating to allegations of improper position classification are for employing agency and Office of Personnel Management, not GAO, and GAO has no authority to award backpay to employee for period of erroneous classification of his position. Ms. Helen Mansfield, an employee of the Department of Health Education and Welfare (HEW), appeals the denial of htr - A --,) '*' 2 & L001 k.10-1 *-- ---- -Lf ----

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