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B-184646 1 (1976-02-20)

handle is hein.gao/gaobadiyg0001 and id is 1 raw text is: ~THE COMPTROLLER GENERAL I . DICIS|N OF THE UNITED STATES WASHINGTON, D.C. 20548 FILE:, B-184646 DATE: FEB 2 01976 MATTER OF: Mary H. Harris--Claim for Retroactive Promotion and Backpay DIGEST: 1. Employee, classified as grade GS-11, alleges that she performed grade GS-12 duties and was wrongfully denied promotion for 6 years. Claim for retroactive pay is denied since employees are entitled only to salary of position they hold regardless of the duties they perform. 2. Employee, classified as grade GS -11, alleges she was wrongfully denied promotion to grade GS-12 because of sex discrimination. Claim for retroactive pay i~s denied since there has been no determination that employee suffered unwarranted or unjustified personnel action under Back Pay Act because of discrimination. Employee apparently failed to file formal com- plaint of discrinination with employing agency or Civil Service. This action is a request for reconsideration of the denial on May 1, 1E'75, by our Transportation and Claims Division (now Claims Division) of the claim of Ms. Mary H. Harris for backpay believed due as a former employee of the Department of the Air Force Briefly stated, the facts are that MAs. Harris was promoted in February 1966, from Procurement Agent , grade GS-9, to Contract Specialist, grade GS-l1. In July 1966, she was reassigned to the position of Contract Administrator, grade GS-11, and she re- mained at the grade GS-i1 level until she was promoted to Contract Administrator, grade GS-12, on December 10, 1972. Ms. Harris states that since she was issued a Certificate of Appointment as a contractin)g officer in July 1966, she had performed duties of a position normally compensated at grade GS-12. and, therefore, she claimed backpay for the period from July 26, 1966, to the date of her retirement, July 12, 1974. Her claim was denied on the grounds that an employee is entitled only to the salary of the position to which he or she is appointed, regardless of duties, and that there was no evidence that she had suffered sex discrimination or an unjustified personnel action regarding her promotion or classification.

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