Judgment

GAJENDRAGADKAR, J. : (On behalf of K. N. Wanchoo, M. Hidayatullah and N. Rajagopal Ayyangar JJ. and himself) These two groups of appeals have been placed before us for hearing together, because they raise, a common question of law in regard to the Constitutional validity of Rules 148(3) and 149(3) contained in the Indian Railway Establishment Code, Vol. I. (hereafter called the Code). The first group consists of four appeals. C. A. No. 711 and 712 of 1962 arise from two petitions filed by the appellants Moti Ram Deka and Sudhir Kumar Deka respectively in the Assam High Court. Deka was a Peon employed by the North East Frontier Railway, whereas Das was a confirmed Clerk. They alleged that purporting to exercise its power under R. 148 of the Code, the respondent, the General Manager North East Frontier Railway, terminated their services and according to them, the said termination was illegal inasmuch as the Rule under which the impugned orders of termination had been passed, was invalid. This plea has been rejected by the Assam High Court and the writ petitions filed by the two appellants have been dismissed. It is against these orders of dismissal that they have come to this