MODJI LADHUJI Vs. K P VASU NAMBEESAN

JUDGEMENT

(1.) THIS petition raises the question of the constitutional validity of rule 3015 of the Establishment Manual of the Western Railway and it arises in these circumstances.

(2.) THE petitioner is a non-gazetted servant in the employment of Western Railway. He was appointed in the post of a khalasi/coolie by the then B. B. and C. I. Railway on November 29, 1931. He was promoted as a train examiner on September 6, 1954. By a letter dated July 30, 1956, the petitioner was confirmed in the post of train examiner with effect from the date of his promotion, i. e. , September 6, 1954. The petitioner continued to hold the post till he was made to retire from service with effect from July 26, 1967, by an order dated July 25, 1967, passed by the Divisional Mechanical Engineer (Establishment), Western Railway, Rajkot, the first respondent herein, on the ground that he was found medically unfit to hold the post. The order is annexed as Ex. 'c' to the petition and also as Ex. 'b' to the affidavit-inreply dated July 23, 1968, filed on behalf of the respondents by R. C. Roy, Divisional Mechanical Engineer, Carriage and Wagon, Western Railway, Rajkot. This order, which is impugned before us in this petition, was passed in the circumstances set out hereafter.

(3.) IN the Western Railway the post of train examiner was a post under category B1 since 1950 and it continued as such till the date of the petition. It appears that some-time in December 1962, the Railway Board raised the age of retirement of the employees of Indian Railways from 55 years to 58 years. Consequent upon the revision of the age of retirement, the question of the periodical medical reexamination of the employees also received the attention of the Railway Board and by its letter dated May 17, 1963, the Railway Board issued certain directions in this behalf. So far as category B1 was concerned, it directed that besides the medical examination which had to be undergone at the age of 45 years and 50 years by an employee holding a post under category B1, such employee should also undergo medical examination again at the age of 55 years.