Wanchoo, C.J.—This is an appeal by the Union, of India against the decree of the District judge, Bikaner, decreeing the suit brought by Askaran, plaintiff respondent, against the Union of India, the State of Rajasthan, and Jadavlal Kapoor. The suit has been dismissed as against the State of Rajasthan and Jadavlal Kapoor, and we are concerned only with the decree against the Union of India.

2. The case of the plaintiff was briefly this. He joined service in the Jodhpur Bikaner Railway as clerk on the 1st of August, 1919. Later, on the separation of the Jodhpur Bikaner Railway into two railways, the plaintiff remained in the service of the Bikaner Railway which was eventually taken over by the Union of India on the 1st of April, 1950. In February, 1950, the plaintiff was working as an Accountant in the Bikaner Railway in the Mechanical and Engineering Department. He was entitled to remain in service till he completed the ape of 55 years on the 14th of December 1952 ; but as Shri Kapoor, who was then the General Manager of the Bikaner Railway, was annoyed with him, he was removed from service by an order of the Chief Auditor, dated 8th of February, 1950. passed under para 1708 of the R

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