Judgment

CHINNAPPA REDDY, J.:- The question raised in these writ petitions is, for all practical purposes, already answered in an earlier case decided by this Court in Dayal Saran v. Union of India AIR 1980 SC 554. On February 19, 1981, the Divisional Railway Manager, Western Railway, Ratlam Division, passed an order to the effect that there was a break in the service of the petitioners from the dates shown against each of them as they were participating in the illegal strike of the running staff of the Mechanical Department and were absenting themselves from duty without authority. The Order further added :

"This break- in-service involves forfeiture of all leave earned up to the strike, postponement of date of increment and commencement of service afresh on resumption of duty after the strike for the purpose of eligibility for leave, passes and sanction of SC to PF and Pensionary benefits on retirement in terms of Railway Boards Letter No. ELI(II) 79 ST-36 dated 31-3-79 published in "Eastern Railway monthly Gazette No. 3/1979-80 dated 1-6-1979." Further they are also liable to be taken up under D. A. R." Admittedly this order was madee without any notice to the petitioners and with