S.B. Sinha, J. - (1.) This Writ Petition arises out of an order dated 2.7.98 passed in OA No. 1357 of 1997 passed by Central Administrative Tribunal, Calcutta Bench whereby and whereunder the application filed by the writ petitioner was dismissed. The basic fact of the matter is not in dispute.
(2.) The petitioner joined the services of Eastern Railway Administration of Union of India as 'Gangman'. He was posted on 'regular basis' as "Carpenter khalasi" in the scale of pay of Rs. 750-940/- against an existing vacancy. He joined the said post on 4.10.88.
(3.) The said order of posting had been passed by a Senior Divisional Personnel Officer. It is further admitted that the said post became vacant owing to retirement of one Sri Lalbehari Routh. However, the petitioner was not allowed to draw the officiating higher pay and allowances to which he was entitled to. He, therefore, filed an application before the learned Tribunal questioning non-payment of officiating pay and allowance for the period from 1.10.94 to 10.4.97.;