Judgment

S. R. DAS, J.

( 1 ) THIS appeal has been filed with a certificate of fitness granted by the Punjab High Court on 20/08/1956. It is directed against the judgment and order passed by a Division Bench of that Court on 19/01/1956, in Letters Patent Appeal No. 28 of 1955, reversing the judgment and order of Mr. Justice Harnam Singh pronounced on 15/04/1955, whereby his Lordship had allowed the appellants application being Civil Writ No. 36-D of 1955 and set aside the order passed by the General Manager, Northern Railway on 19/08/1953, reverting the petitioner from the post of Signal and Tele-communication Engineer, (Telegraphs) in Class II service where the appellant was officiating to his substantive post in Class III service. This appeal raises a very important question about the construction of Art. 311 of the Constitution.

( 2 ) THE facts are shortly as follows:- In August 1924 the appellant joined the railway service as a Signaller (Telegraphist ). As a result of selection, he was promoted as S. Controller in 1942 and as Deputy Chief Controller in 1947 and as the Chief Controller in 1950. All these posts were in Class III service. On M 31/03/1951, seven candidates, including