JUDGEMENT :-This is an appeal by a Railway employee from the decree of the Civil Judge Roorki (at Saharanpur) affirming that of the City Munsif Saharanpur dismissing his suit for a declaration that he continues to be in the service of the Union of India. It is an important case because it reveals that some departments of Government have not yet realised that in making applying, and interpreting rules governing the conditions of service of their employees it is the duty of State to apply the directive principles of State policy in Part IV of the Constitution. The admitted facts are these the appellant Balwant Raj was employed by the Northern Railway on 8th August 1950 and appointed as a Painter-Khalasi under the Head Trains Examiner Saharanpur Within three years he was drawing Rs. 75 as salary and allowances. It is common ground that he was never guilty of any misconduct or misbehaviour. On 30th March 1953 he had the misfortune to be stricken with tuberculosis He reported sick and was admitted in the Railway Hospital at Saharanpur He remained on the sick list for three years and was discharged on 25th January 1956 under the orders of the Divisional Medical Officer Delhi (to be calle

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