( 1 ) THIS is an appeal from an order and decree of Bose, J. , dated 13-6-1950.

( 2 ) THE plaintiff who had been employed as a permanent Bridge Inspector under the Bengal and Assam Railway brought the suit for a declaration that he was still in the employment of the Railway, which of course was a Railway owned by the Union of India.

( 3 ) THE plaintiff had sustained a serious in-jury to his back and was away from employment for a considerable time. Eventually, he was examined by medical officers on behalf of the Railway and he was declared to be unfit and his services were terminated from the date of the certificate declaring him unfit;.

( 4 ) THE plaintiff apparently attempted to get the Railway authorities to change their view but they made it clear that they could not re-employ the plaintiff. He, therefore, brought a suit and the relief claimed originally was a declaration that he had been wrongfully dismissd and there was a further prayer for damages. Later an application was made to amend 'the plaint and a declaration simpliciter was asked for in the form granted by their Lordships of the Privy Council in the case of -- 'high Commissioner For India v. I. M.