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B-212085 1 (1983-12-06)

handle is hein.gao/gaobadlli0001 and id is 1 raw text is: THE COMPTROLLER GENERAL OEC18ION * OP THe UNITEO STATES C WA6HINGTON, 0. C. 20548 FILE: B-212085 DATE: December 6, 1983 MATTER OF: Irene Sengstack - Retroactive Step Adjustment and Backpay DIGEST: 1. Employee, who was serving in a temporary position following a reduction-in-force, was released by the agency when her temporary appointment expired. Employee was later reemployed by agency follow- ing a service break, in a grade previously held, but at step 1 of grade. Employee claims entitlement to retroactive step adjustment and backpay to step 9, the highest step of grade previously held. Use of highest previous rate is discre- tionary on agency's part, there being no employee-vested interest in that higher step upon reemployment in absence of regulation so providing. In view of existing agency policy that highest previous rate would only apply to reappointments without a ser- vice break, agency action was proper. 2. Employee, whose temporary position expired, charges improper break in service caused her to lose the bene- fit of the highest previous rate rule when she was later reemployed at only step I of her prior grade. Our Office has no jurisdiction to consider her allegations that she was improperly denied appointment to another position or that her reemployment rights were violated. Such matters may be appealed to her employing agency or the Merit Systems Protection Board. This decision is in response to correspondence from Joseph Meehan, Esquire, on behalf of Ms. Irene F. Sengstack, an employee of the Department of the Army, requesting further consideration of her claim for backpay under the highest previous rate rule incident to her appointment to a position in January 1977.

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