M. P. Singh, J.

1. This appeal by the Union of India is from the judg ment and decree dated 23rd December, 1975, of the fourth Additional District judge, Dumka, Santhal Parganas, affirming the decision of the Subordinate judge, Deoghar, in Title Suit no.61 of 1971 with the modification that it rejected the relief for permanent injunction restraining the defendant-appel lant from removing the plaintiffs from their services in future. The title appeal in the lower appellate court abated against the heirs of deceased respondent no.10. The plaintiff respondents were substitute Gangmen. The suit was for a declaration that the termination of their services from 28th February, 1971, was illegal and void and they should be deemed to be continuing in service. It was also prayed that a decree for arrears of salary and allowances from that date till the date of reinstatment be passed. The case of the defendant appellant was that the plaintiffs were temporary substitute Gangmen and not permanent railway employees and as they were not selected by the Selection board their service had to be terminated.

2. On 20th January, 1978 while admitting this appeal only one substantial question of