JUDGMENT

DESAI, J.:—Appellant L. Robert DSouza joined service As a gangman at Mangalapuram in Southern Railway on July 1, 1948. In course of his service he was transferred to various places. When he was last working as Lascar at Ernakulam, on Oct. 8, 1974 the Executive Engineer (Construction), Ernakulam intimated to him that his services were deemed to have been terminated from Sept. 18, 1974, from which date the appellant was said to have absented himself from duty. This letter has an important bearing on the issues raised in this appeal, and, therefore, relevant portion may be extracted here :

"You have absented yourself unauthorisedly from 18-9-1974 and hence your services are deemed to have been terminated from, the day you have absented yourself. Please note.

Since you are no longer on the rolls of this office you should vacate the quarters allotted to you immediately failing which action will be taken to evict you."

According to the appellant, up to the date of authorised and illegal termination of his service he had rendered continuous service for a period of 26 years yet the Railway administration wrongfully denied him the status of a temporary and/or regular workman and trea