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B-197728 1 (1980-11-07)

handle is hein.gao/gaobadire0001 and id is 1 raw text is: 
4. I


FILE:


B-19772


MATTER  OF:


LILEST


8                AT  November 7, 1980

Philip A. Lombardi   Retroactive Salary
Adjustment)


An employee of Department of the Army was
appointed at grade GS-15, step 1, where
agency, through administrative oversight
did not act timely to obtain the required
approval of the Civil Service Commission
to appoint him at step 7 of grade 15.
The employee may not receive a retroactive
increase in pay because, under 5 U.S.C. 5333
(1976) and implementing regulations, prior
approval by the Commission was required for
the appointment at a rate above the minimum
rate of the appropriate grade.


     By letter dated January 10, 1980, Dr. Philip A.
Lombardi, an employee of the U.S. Patterson Army Hos-
pital, Fort Monmouth, New Jersey, appealed the action
of our Claims Division which by settlement dated
July 31, 1979, disallowed his claim for a retroactive
salary increase for the period September 1, 1978, to
October 8, 1978.  As is explained below, the retro-
active salary increase may not be allowed.

     The record shows that on July 10, 1978, the
Civilian Personnel Office at Fort Monmouth, New Jersey,
was notified by officials of the U.S. Patterson Army
Hospital, Fort Monmouth, New Jersey, that Dr. Lombardi
would be available to enter on duty on September 1,
1978, and it was requested that he be hired at step 7
of grade GS-15.  It appears that the request to hire
Dr. Lombardi at the special step 7 rate was due to the
lack of applicants for the position involved and in
order to attract physicians with the competency required
for that position it was necessary to hire at a higher
rate of salary.

     Due to an oversight the Civilian Personnel Office
failed to submit a timely request to the Civil Service
Commission to have Dr. Lombardi certified for appointment
at the GS-15 level and to obtain approval to hire him at






                              1


                            N-2
                        THE  COMPTROLLER GENERAL
DECISION .              OF   THE   UNITED STATEB
                        WASHINGTON. D.C. 20548

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