Judgement

FAZL ALI, J. :- Civil Appeals Nos. 1664 of 1974 and 891 of 1975 are appeals by special leave directed against the judgments of the Kerala High Court dated December 18, 1973 and the Rajasthan High Court dated January 25, 1974, respectively allowing the writ petitions filed before the High Courts by the respondents concerned. Civil Appeal No. 892 of 1975 has also been filed against the judgment of the Rajasthan High Court dated January 25, 1974 with respect to the respondent Abdul Hamid whose petition was allowed by the same judgment of the High Court dated January 25, 1974, which was decided in favour of the respondent Narsingh. It would thus appear that the cases of the respondents Nursing and Abdul Hamid had been decided by one common judgment of the High Court of Rajasthan,

2. It was agreed at the Bar that as the points involved in all the three cases are the same, they may be disposed of by one common judgment. We, therefore, propose to dispose of all the three cases by one common judgment indicating, however the facts of each individual case, wherever necessary.

3. As regards Civil Appeal NO. 1664 of 1974 the respondent T. R. Chellappan was a Railway-Pointsman working a