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9. The learned counsel for the applicant submits that under Article 309 of the Constitution the Government and its functionaries have the power to frame the Rules for its functioning. This is another aspect reflecting the lacunae in the governance to be urgently redressed by the Government. Under Article 309 of the Constitution it is envisaged only as a as a temporary situation so in the interregnum of administrative process proper statutory formations would be laid down. But un knowingly even after 66 years of independence and the formation of the Republic such has not been done and administration and government have been acquainted of Rules which are contrary to each other. It appears that some of this strategy is being adopted herein wherein contrary circulars are issued by the Railway Board . All the Circulars against principles of fairness and reasonableness must be held to be invalid under law. Further if a retiring employee, can, on the verge of retirement seek employment for his son or daughter it would provide for a hereditary Government employment and in that case there will be hereditary continuation in governance and as such in any case it is not the intention of the Constitution. Such adventures must be treated as unconstitutional and ultra virus. Any Circular which deals with stipulations for hereditary employment, whether provided in this case or not is thus held to be unconstitutional and invalid.