- (1.) THIS is a second appeal by the union of India against an appellate decree of the district Judge, Kota, confirming a decree of the Munsif Kota granting a declaration to the plaintiff-respondent that his removal from service was void and inoperative and that he continued in the service of the Railway.
(2.) THE relevant facts are these : Parmindar Singh plaintiff filed an application (Ex. P. A) to the Chief Engineer, B. B. and C. I. Rly. through the Executive Engineer kota. This application was forwarded by the Executive Engineer on 23-8-49 to the chief Engineer with the recommendation that he may be employed as a Mason mistry in place of Shri Surendra Narain Mathur who had been recommended for the post of S. O. S. R. by him. This recommendation was accepted by the Chief Engineer who issued the following order (Ex. P. S): "one Mr. Parmindar Singh is appointed as a temporary Mason Mistry vice shri Surendra Narain Mathur wide para 1 above, on the usual terms of service. Sd/-Chief Engineer. Copy forwarded to the Executive Engineer Kota for compliance. . . . . . . Shri parmindar Singh should be appointed as a temporary Mason Mistry on the usual terms of service and this office advised. Sd/-Chief Engineer. "
(3.) ON receipt of the above order the Executive Engineer made an offer of appointment (Ex. P. 1) to the plaintiff on 26-9-49 the material portion of which runs as follows: "you are hereby offered the post of a temporary Mistry on Rs. 80/- p. m. in the grade of Rs. 80-5-120. E. B.-8-160 on the following terms and conditions : (i) The appointment is purely temporary and subject to termination as provided in Rule 148 of the State Railway establishment Code, Volume I. . . . . . . . . . . " The plaintiff having accepted the appointment he was posted as a temporary mistry with effect from 3-10-49.;