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B-201663 1 (1982-03-16)

handle is hein.gao/gaobadkds0001 and id is 1 raw text is: MATTER OF: DECISION FILE: B-201663 DATE; Rosie'K. Love Appointmcnt March 16, 1982 - Backpay - Qualifications for DIGEST* Former summer employee, appointed at GS-3, step I, claims entitlement to GS-4, or to GS-93, step 5, on ground that agency of- fered her arsummer job at GS-4, Before date of appointmentt, Forest Service found she did not qualify as a GS-4, and she was appointed as a GS-3. Claim for-bac- pay is denied as agency may only appoint to grade for which employee is qualified. Appointment may not be retroactively changed absent a violation of nondiscre- tionary regulation or policy. Anita R. Smith, an authorized certifying officer- of the National Finance Center, U,S, Department-of Agricul- ture, requests our decision on whether Ms, Rosie K. Love is entitled to backpay of $233.20 from the Forest Service because she was appointed and paid at the gt'ade GS-3 rate instead of the grade GS-4 rate set out in the letter offer- ing her the job. For the reasons set out below, Ms. Love's claim may not be paid. -From June 2, 1980,to August 21, 1980, Ms, Love was a Forestry Aid appointed and paid as a. GS-31,step 1, at $4.30 per-hour, under the Forest Service's 1980 Student Requisition Program, -Ms. Love was a student at Missis- sippi Valley State University, where in March 1980, a Targhee Forest Manpower Development Specialist had spoken with interested students for summer employment under the Student Requisition Program. Ms. Love was recruited for this program, and, because of an administrative error, she was offered a summer job at Drigys,- Idaho, as a GS-4 at $4.83 per hour. However, when Ms. Love's application was rated, it was determined that she did not qualify for a GS-4 and, therefore, would have to be hired as a GS-3. Accordingly, she was $4.30 per hour. appointed as a GS-3, step 1, at Ms. looked at that she Love her was states that application only eligible the more for Forest Service should have carefully and advised her GS-3 before she arrived in THFI COMPTROLLUR OSNERAIS OF THIM UNITEDIE STATIES WASHINGTON, 0,09 120548

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