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[Pronounced by Hon'ble Mr.P.Madhavan, Member(J)] The applicant in this case is a Postal Assistant who was granted TBOP and BCR. He was promoted as Lower Selection Grade (LSG). He was also given Higher Selection Grade II (HSG II) and while he was working as Assistant Postmaster he was ordered to officiate as Senior Postmaster, Erode HO on 07.1.08. He officiated as Senior Postmaster in between 08.1.2008 to 20.4.08 and from 07.7.08 to 31.10.08. According to the applicant, he is entitled to get the officiating pay for the said period and the respondents had not paid the duty pay attached to the post. Eventhough he had given a representation for considering his request for granting duty pay, the respondents had not acceded to it. According to the applicant, since he had retired from the post of Senior Postmaster, Erode HO he is entitled to get 50% of his pay for pension or 50% of the average emoluments received during the last 10 months for calculating his pension. But the respondents in this case had not taken into account the pay eligible for him while he had officiated in the Senior Postmaster, Erode HO for fixing his pension and terminal benefits. He mainly rely upon the decision of Selva Raj v. Lt. Governor of Island, Port Blair & Others [1999 AIR (SC) 838] in support of his case. So he prays for the following relief:-

"To direct the respondents to pay the duty pay (difference of pay) for the service rendered as Senior Postmaster, Erode by the applicant from 08.1.2008 to 20.4.2008 and from 07.7.2008 to 31.10.2008 and thereby further directs to revise and re-fix the pension and other service benefits by taking into scale applicable to the post of Senior Postmaster and to pay the difference of arrears of monthly pension and other terminal benefits to the applicant; and To pass such further or other orders as this Tribunal may deem fit and proper in the circumstances of the case."

2. The respondents entered appearance and filed a detailed reply contending that the applicant is not entitled to get any duty pay as claimed by him when he was put in as acting Senior Postmaster, Erode HO. According to them, the said arrangement was only an office arrangement and it was only for a short period till a regular hand joins the post. There is no dispute regarding the period in which the applicant has acted as Senior Postmaster as claimed in the application. According to them, he is not eligible to be promoted to the said post and not eligible to get the pay of Senior Postmaster cadre. According to them, the arrangement was only an internal arrangement. The Senior Postmaster is a gazetted post and it has to be filled up by PS Group B Cadre. Only Postal Inspectors can hold the post of PS Group B cadre through departmental examination as per RR and that also on passing the LDCE from the feeder ctegory. There was only a short term vacancy and there is no appointment order as such made in favour of the applicant. He was only asked to hold the charge of SPM since vacancies arose due to retirement, transfer etc. The applicant is not eligible for appointment to the post of SPM and any appointment dehors the RR cannot be regularised. So, according to the respondents, the applicant is not entitled to get any duty pay as claimed by him.