Lupo v. Board of Transportation

The plaintiff sues under section 245 of the Military Law to recover the difference between his military compensation and the pay which attached to his position of bus operator, as an employee of the board of transportation, during the period of his military service. While admittedly differential payments were made to him during this period, he claims that the payments so made were less than those to which he was by law entitled, because they did not include increments given to others occupying the same positions who remained in civil employment. The differential payments to the plaintiff were…