JUDGMENT - (1) Arather interesting, and by no means easy, Constitutional question arises in this appeal. The plaintiff, whose suit was dismissed by the learned City Civil Court Judge on a preliminary issue, was a guard in the North Western Railway in Grade I and he was appointed on 24-4-1929, being confirmed on 30-1-1930. Then for a short time he acted as Grade II guard and he was made permanent in that Grade in 1944. On partition he opted for India and he served in the B. B and C. I. Railway as it existed in 1947. On 31-1-1950 his post in the North Western Railway was equated to a Grade C post and he filed this suit stating that the order passed on 31-1-1950 ordering him to work as a C Grade guard was invalid. He also sought a declaration that he was entitled to rank as a B Grade guard from the date when he was absorbed as a guard in the B. B. and C. I. Railway, and he also claimed a declaration that he was entitled to rank in seniority as a guard and to receive promotions, pay, confirmation, allowance, contribution in the Provident Fund, etc. on the length of his service as a guard on the North Western Railway commencing from 29-4-1929, and he wanted an order that the various emo

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