110/ and the appellant was given the maximum of the scale namely Rs.
The Railway Authorities thereupon in accordance with Rule 152 of the Indian Railway Establishment Code, Volume I, 1959 granted the appellant leave that was due to him and, in the mean time, offered to absorb Mm in a post for which he was fit namely as Pump Engine Driver.
150/ to Rs.
He was then in the scale of Rs.
75/ to Rs.
944 of 1962 dismissing the petition.
The appellant had joined service in the old Bengal Assam Railway, number known as North East Frontier Railway as a substitute cleaner some time in 1940.
On December 25, 1961 the appellant was examined by the District Medical Officer, Katihar who reported that the appellant was medically unfit for service in class A 1 i.e. for driving Railway Engines though he was fit for service in class B 2.
The scale of this post was Rs.
The appellant appealed to the Chief Medical Officer who, however, companyfirmed the report of the District Medical Officer.
In due companyrse, in 1956 he was promoted to officiate as an Engine Driver C and worked in that capacity till December, 1961.
The appellant accepted the post but without prejudice, and thereafter filed the petition on December 12, 1962 companyplaining that he had been reduced in rank by way of punishment without companyplying with the mandatory provisions of Article 311 of the Constitution.
G. Palekar, J. This is an appeal by special leave from a judgment and order of the Patna High Court in Misc.
Judicial Case No.
