Rai, J.

1. The applicant has moved this Court for issue of a writ in the nature of certiorari for quashing the order of the District Traffic Superintendent, North Eastern Railway, Sonepur, by which the services of the petitioner had been terminated and for commanding him to reinstate the petitioner on his substantive post which he had held prior to the termination of his service.

2. The facts leading to the filing of the present application may shortly be stated as follows. The petitioner was appointed in the year 1931 as a signaller by the Bengal North and Western Railway. When the Bengal North and Western Railway Company was taken over by the Government of India, a notice was issued from the office of the General Manager in October 1942 whereby the petitioner was offered employment under the Government of India with effect from 1-1-1943, on terms and conditions specified on the reverse of that notice.

According to that notice, the person who was prepared to accept the offer was to execute a form of service agreement, and it was further notified that the Staff Railway Rules as applicable to persons appointed on or after 1-1-1943 would apply to persons who were prepared to