J. Anjani Dayanand, J. - (1.) This petition was originally filed in the High Court of Calcutta under Writ C.O. No. 14437 -W/85 and on transfer to the Tribunal has been numbered as T.A. No. 1951/86 under Sec. 29 of the Administrative Tribunals Act, 1985.
(2.) The Petitioner claims relief by way of stepping up of his pay to the stage of the Respondents 8 and 9 in accordance with the rules and Railway Board's letter No. E(NG) 63 PMI/92, dated 15th September, 1964 and to pay him the arrears accruing thereof.
(3.) The case was argued on the short point that his juniors Dr. A. K Roy, Respondent No. 8 and Dr. (Mrs.) B. Bhattacharjee, Respondent No. 9 are drawing pay higher than him. Respondents 8 and 9 are juniors in Service to the petitioner as per the published classified List of Gazetted Establishment of Indian Railways (corrected upto 1st January, 1981). It was also stated that in protest against the Government respondents not acceding to his request to his repeated representations from 5 -8 -1981 onwards he had refused to draw his pensionary benefits. However, on the direction given by this Bench on 22 -12 -1987, he had accepted the retirement benefits offered. to him without any prejudice to his rights and contention in his Writ Petition.;