JUDGMENT

G.C. Mathur, J. - The petitioner, who was holding the post of charge man grade 'A' in class III on the North Eastern Railway, has challenged an order dated May 8, 1970, of the Deputy Chief Mechanical Engineer (Shops) , compulsorily retiring him from service under clause (k) of rule 2046 of the Indian Railway Establishment Code, Volume II.

2. On August 15, 1939, the petitioner was taken as a trade apprentice in the Mechanical Workshop of the erstwhile East Indian Railway on terms and conditions set out in an agreement executed by the parties a copy of which is annexure `A' to the counter affidavit, filed by Sri Nawab Chand Tewary on behalf of the Railway Administration. After completing five years apprenticeship, the petitioner was, on October 22, 1941, appointed to the post of Boiler Maker. The petitioner earned several promotions and ultimately in the year 1960, he was promoted to the post of chargeman grade `A' in class III. The impugned order of compulsory retirement was passed while the petitioner was holding this post.

3. The petitioner has challenged the impugned order on three grounds :-

1. That clause (k) of Rule 2046 has not been made in accordance with the provisi