Shelat, J. - (1.) This appeal is founded on a certificate granted by the High Court of Assam and Nagaland against its order of dismissal of the writ petition filed by the appellant.
(2.) The appellant joined service in the North-East Frontier Railway as a Depot clerk in 1942 and was confirmed and made permanent in that post on August 15, 1947. He was promoted to the post of a Ward Keeper on June 4, 1949 in the Depot Wing of the Controller of Stores.
(3.) During the last World War, the said Railway organised temporarily a Food Supply Organisation wherein a number of persons, including respondents 4 to 8, were appointed. Respondent 4 was appointed as a salesman in the said organisation in 1944 and was confirmed with effect from August 15, 1947 under the Deputy Traffic Superintendent, Lumding. Respondent 5 was appointed a clerk in 1943 and was confirmed in the Head Office Wing of the Controller of Stores Department in 1944. Respondent 6 was appointed in 1943 and was confirmed in his post under the Deputy Traffic Superintendent, Lumding with effect from August 15, 1947. Respondent 7 was appointed first as a salesman in 1943, and then as a clerk in 1944 in that organisation and was confirmed with effect from August 15, 1947. Respondent 8 was appointed a Ward Keeper in 1943 and was confirmed as ticket-collector under the Deputy Traffic Superintendent, Lumding with effect from August 15, 1947. Thus, both the appellant and respondents 4 to 8 were confirmed in their respective posts on the same day, i.e. August 15, 1947.;