Narasimham, J.

1. This is a petition under Article 226 of the Constitution by a railway servant challenging the validity of the office order No. 35/S, dated the 19th June, 1962, (Annexure E), passed by the District-Mechanical Engineer, Katihar, directing the absorption of the petitioner as Pump Engine Driver on Rs. 110 in the scale Rs. 75-110.

2. The unchallenged facts are these. The petitioner joined service in the old Bengal Assam Railway, now known as North-East Frontier Railway, sometime in 1940 as a substitute cleaner and was subsequently confirmed as Engine Shunter B on the scale of pay Rs. 130-158. In 1956 he was promoted to officiate as Engine Driver C on the old scale Rs. 80-185, which scale was subsequently enhanced to Rs. 150-240. He was actually receiving the pay of Rs. 160 with retrospective effect from the 1st July, 1961. On the 25th December, 1961, the petitioner was medically examined by the District Medical Officer, North-East Frontier Railway, Kathihar, who reported that he was medically unfit for service in class A1, that is, for driving railway engines, but was fit for service in class B2. The petitioner appealed against the report of the District Medica