(1) By this petition the petitioner prays for a writ of Mandamus or writ in the nature of Mandamus or any other appropriate writ, order or direction under Article 226 of the Constitution directing the respondents to post the petitioner in the Compilation Branch of the Central Railway at Bombay as a Senior clerk in the grade of Rs. 80-220 on a pay of Rs.192/- per month or some other suitable post in the said Branch and also to direct them to fix his seniority in the Complication Branch in accordance with the terms of the option exercised by the petitioner in or about July 1953. The 1st respondent is the present General Manager of the Central Railway. Originally, the 1st respondent was R. B. Lal who was the General Manager of the Central Railways when the petition was field but in view of the occupant of that post having changed D.R.Khanna has since been substituted in his place as the 1st respondent. The 2nd respondent is the Union of India.

(2) The petitioner joined the service of the Central Railway, which was then known as the G.I.P railway as a clerk class II in the Accounts Departments on the 16th May 1940 and on 9th May 1942 he was confirmed in that post. At the date of the petition the petitioner had continued to be in the service of the Central Railway. As from 1st January 1947 the petitioner was temporarily sent on deputation to the grain-shop organisation as a grain-shop checker in the grade of Rs.60-160 as an administrative measure. By reason of the petitioners said confirmation, however the petitioner acquired a lien on the post of a clerk in the Accounts Department. At that time the Accounts Department had within it a branch known as the Compilation Branch. In or about May 1953 the then General Manager of the Central Railway directed the separation of the Complication Branch from Account Department, making the Complication Branch a separate cadre under the direct control of the General Manager of the Central Railway. It appears that the General Manager passed an order Dated 14th May 1953 in that behalf. The same has been referred to in the letter dated 29th June 1953 addressed by the Financial Adviser and Chief Accountants Officer to the Controller of Grain Shops. Central Railway, a copy whereof is annexed as Ex. A to the petition. The heading in that letter dated 29th June 1953 shows that the letter refers to the subject of the transfer of the Compilation Branch from the Accounts Departments to the General Managers Office. Para 1 of that letter states that in accordance with General Managers office. Para 1 of that letter states that in accordance with the General Managers orders vide No.22571/-R/GM dated 14th may 1953 the statistical section at Parel and at Seccundrabad had been transferred under the General Managers office in charge, working under the administrative control of the Senior Deputy General Manager. That there was such an order made by the General Manager has not even disputed on behalf of the respondents . A copy of that order or the exact contents of that order have not been produced before me. I must, therefore, proceed on the footing that the said order was of the nature and had the contents as set out in that letter. From the first paragraph of that letter, together with the statements contained in the petitioned the affidavits, it is clear that prior to that order there was in the Accounts Department in branch or section known as the Complication Branch or the statistical section but that by the said order the Compilation Branch was being transferred from under the Accounts Department to form a department under the General Manager working under the administrative control of the Senior Deputy General Manager working under the administrative control of the Senior Deputy General Manager . To effectuate such transfer of the entire compilation Branch from the control of the Accounts Department to that of the General Manager a re-adjustment had to be made as regards the staff and the said order ma