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Office of the General Counsel
Date: September 29, 1998
Matter of: [xxx]
File Number: S001859
OPM Contact: Murray M. Meeker
The claimant, an employee of the [agency], asserts that he is
entitled to backpay for the period from March 3, 1997 to March 15,
1998, when he was detailed to perform the duties of a higher graded
position. For the reasons discussed herein, the claim is
denied.
To qualify for promotion to a higher graded position and
backpay, an employee must satisfy the minimum qualification
requirements for the position. See Barbara A.
Ralston, B-200748, February 3, 1981; Darryl E. Laxo,
B-196227, May 15, 1980; and Glen D. Miller, B-195139,
March 4, 1980.
GPO has reported that the claimant did not meet the minimum
education requirement that was applicable during the detail. The
claimant does not deny that he did not meet the minimum education
requirement. Rather, the claimant has responded that the position
to which he was detailed had previously been occupied by an
individual who did not satisfy the minimum education requirement.
It is, however, well established that claims may not be granted on
the assertion that they may have previously been improperly granted
to another. See Valenzuela v. OPM, 231
Ct. Cl. 907, 908-9 (1982); Cubacub v. OPM, 230
Ct. Cl. 908, 909 (1982); and Baker v. United
States, 222 Ct. Cl. 263, 269 (1980).
This settlement is final. No further administrative review is
available within OPM. Nothing in this settlement limits the
employee's right to bring an action in an appropriate United States
Court.