Sinha, J. - (1.) The facts of this case are as follows: The petitioner joined the East Indian Railway in February 1917 as an apprentice mechanic. In 1922 he was appointed as a mechanic. In 1949 he officiated as a foreman. On and from 10-10-1949 he reverted to his substantive post of T. T. C. (Technically Trained Chargeman). On 15-5-1951 he was confirmed in the post of an assistant foreman. When the East Indian Railway was taken over by the Government of India, the petitioner executed a service agreement by which he agreed as follows: "I acknowledge that I am and will be bound by all general rules and regulations of Government Service."
(2.) In the beginning of April 1951, the petitioner reported sick, and continued to be on the Sick-list until 25-6-1951. It appears that he was suffering from left ventricular failure of the heart with myocardial deficiency. He was recommended leave for two months from 25-6-1951 by the workshop medical officer Lillooah and remained on leave until 25-10-1951. On 18-11-1951 he was again examined by the then workshop medical officer Lillooah. In the opinion of the said medical officer the petitioner was not likely to be physically fit enough to resume work by 1-6-1953, on which date he would reach the age of superannuation. It is said in the affidavit in opposition (affirmed by Sitansu Sekhar Chakravarti) as follows: "Accordingly the said Workshop Medical Officer Lillooah duly declared the petitioner to be medically unfit and sent a report, recording the said fact to the Chief Medical Officer Calcutta." Upon the receipt of the certificate, the petitioner's pay for 20 days in November 1952 was remitted to him. There was neither any intimation given to him, nor any formal notice that he had been discharged from service for physical unfitness. In fact, although all relevant papers have been dis closed, I have been unable to find any order by the proper authority ordering his discharge. I shall come back to this aspect of the case presently.
(3.) On 10-12-1951, the petitioner wrote to the Deputy Chief Mechanical Engineer Lillooah complaining about receipt of only 20 days' pay with the note on a money order coupon "Your settlement salary.";