LAWS(MAD)-1957-7-37

A SAMBANDHAN Vs. REGIONAL TRAFFIC SUPERINTENDENT (PERSONNEL) TIRUCHIRAPALLI

Decided On July 03, 1957
A Sambandhan Appellant
V/S
Regional Traffic Superintendent (Personnel) Tiruchirapalli Respondents

JUDGEMENT

(1.) The petitioner, an Assistant Station Master in the Southern Railways, applied under Art. 226 of the Constitution for the issue of a Writ of Mandamus or other appropriate writ, to avoid the effect of the order dated 25th April, 1952, issued by the first respondent, which, the petitioner complained, adversely affected his seniority in his cadre and was contrary to the rules in force governing seniority of the employees of his class in the State Railways.

(2.) It was common ground that the conditions of service of railway employees like the petitioner were governed among other things by the statutory rules in the Indian Railway Establishment Code, to which I shall refer hereafter as the Code. These rules were originally promulgated in exercise of the power vested in the Governor General in Council by S. 241 (2) of the Government of India Act 1935, the provisions of which were analogous to those of Art. 309 of the Constitution. Under Art. 313 of the Constitution these statutory rules continued in force after the commencement of the Constitution.

(3.) With reference to the loss of seniority which the petitioner suffered under the order dated 25-1-1952, the petitioner averred in para 13 of his affidavit,