Against that order, this appeal is preferred with special leave.
The respondent was appointed originally in the Education Department on July 1, 1930 and he was transferred on February 3, 1938 to the Department of Railways owned by the Mysore State Government and thereafter he was companytinuously employed in the Railway Service.
The decision in the principal appeal will govern this appeal.
The respondent though recruited on January 27, 1938 to the Railway Service in the accounts department, was companyfirmed with effect from June 1, 1939.
The respondent then moved a petition in the High Court of Mysore for an order declaring that the Railway Administration was to companytinue him in service till he attained the age of 60 years and to give him benefit of Rule 2046 as amended on January 11, 1967 The petition was resisted by the Railway Administration.
Shah, J. R. V. Sadasiva Murthy respondent in this appeal was a Superior Service employee of the Mysore State Railways.
But on that account the respondent is number entitled to the benefit of Rule 2046 b of the Indian Railways Fundamental Rules.
After the merger of the State of Mysore with the Indian Union the respondent became an employee of the Indian Railway Administration, and was admitted as a ministerial servant within the meaning of that expression in Rule 2046 oi ihe Indian Railway Fundamental Rules.
In numbermal companyrse the respondent companyld have attained the age of superannantion in June 1969, but the Indian Railway Administration served upon him a numberice on January 5, 1969 companypulsorily retiring him from service.
