About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-212816 1 (1983-11-18)

handle is hein.gao/gaobadlku0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION OF THE UNITED STATEB WASHINGTON. 0. C. 20548 FILE: B-212816 DATE: November 18, 1983 MATTER OF: Debra L. Raskin - Claim for Retroactive Appointment to Higher Grade Position DIGEST: Law clerk to Federal judge was appointed to a grade 11 position although she was eligible for grade 12 position. She seeks a retroactive appointment to the higher grade with appropriate backpay. The appointment may not be changed retro- actively since there is no evidence of administrative error or a nondiscretionary administrative policy requiring that the employee be appointed to the highest grade for which she was eligible. There is no authority to allow the backpay claim on equitable grounds. ISSUE The issue in this decision is whether an employee who was appointed to a grade lower than that for which she was eligible is entitled to have her appointment retroactively changed to the higher grade with appropriate backpay. We hold that the appointment may not be changed retroactively since there is no evidence that a nondiscretionary adminis- trative policy required that the employee be appointed to the highest grade for which she was eligible. BACKGROUND Mr. William R. Nichols, General Counsel, Administrative Office of the United States Courts, requests our decision whether Ms. Debra L. Raskin may be retroactively appointed to grade JSP-12, effective August 30, 1982, and awarded backpay from that date to May 30, 1983. 1/ 1/ The designation JSP refers to the Judicial Salary Plan, a classification system for employees of the Federal courts. See 28 U.S.C. S 604(a)(5) (1982). The grades and steps correspond with those of the General Schedule.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most