Termination of service due to reorganization and retrenchment is not 'removal from service' under Article 311 of the Constitution.

NARASIMHAM, C. J.

( 1 ) O. J. Cs. 172, 189, 192, 255 and 256 of 1955 were heard together and will be dealt with in one judgment.

( 2 ) THESE are petitions under Article 226 of the Constitution by some of the Ex-Forest Gate Keepers of Khalllikote Estate whose services were terminated by the anchal Adhikary of Kudala by his Memo No. C. 1. 70/55 dated the 20th June 1955.

( 3 ) THE facts which are clear from the papers filed by the petitioners and from the counter-affidavit filed by the State of Orissa are as follows. When Khallikote Estate was in the possession of the previous proprietor of that Estate, the petitioners were working as Forest Gate-Keepers within the Estate, and they were remunerated on a commission basis. The forests of the said Estate, though private forests, were brought within the scope of Sections 26 and 32 of the Madras Forest Act 1882 (Madras Act V of 1882)by Notification No. 246, dated the 24th June 1932 of the then Government of madras. When the Estate was taken over by the Government of Orissa under the estates Abolition Act on the 1st June, 1953, the petitioners and other Forest Gate-Keepers of the Estate were retained in service on the same terms as before, that is to say, their remuneration was fixed on a commission basis. The order passed in respect of Bhagaban Patnaik (O. J. C. 172 of 1955) may be taken as typical and is quoted below:

"ref: J. 5 No. 7031/53 dated 22-2-55. Office of the Collector of Ganjam, Chatrapur. Memo. Sub: Forest-Kudla Anchal-Appointment of Gate-Keepers of Kudala and kalimaghi Shri Bhagaban Patnaik of Kudala is appointed as Gate-Keeper of Kudala Forest Gate on commission basis. He is to relieve Shri R. S. Narayanarao, the present gate-keeper, Kudala. (2) On being relieved by Shri Patnaik Shri R. S. Narayanarao is appointed as Gate-Keeper, Kalimeghi Forest Gate of Kudala Anchal, which is being run departmentally at present. " by order of the Colletor. Sd/-X X X X X X district Anchal Forest Officer. . . . . . Forest Gate-Keeper, Kudala. "

It appears, however, that the Government were seriously thinking of reorganizing the Forest Administration in the Estate, by dispensing with the services of Gate-Keepers remunerated on a commission basis and appointing in their place regular, salaried staff run by a Department of Government. After some correspondence the board of Revenue by their letter No. 4155 E. A. dated the 10th June 1955 issued the following instructions to the Collector of Ganjam:

"board of Revenue, Orissa. No. 4155/e. A. From shri B. Das, B. Sc. , secretary, Board of Revenue, Orissa, cuttack. To the Collector of Ganjam. Dated Cuttack; the 10th June. 1955. Ref: Your letter Ref, J. No. 7031/53, dated 16-5-56. Sub: Management of Forest Gates. Sir, i am directed to say that Government have been pleased to approve of your proposal to reduce the number of forest gates in the district of ganjam to 50, to be located at the places suggested by you. Government are, however, not in favour of any partial change in the system of management of gates and have, therefore, been pleased to order that all these gates should be run departmentally by the staff, to be appointed, Instead of putting certain gates to auction as suggested by you. The gate-keeper will draw their pay in the scale of Rs. 21-1/2-29 plus a dearness allowance of Rs. 5/-each a month. If some gates are not likely to fetch sufficient income, the gate-keepers may be appointed in a lower scale of pay which may be got approved by the Board. These orders should be given effect to from the next fasli year, i. e. , from the 1st July, 1955. Yours faithfully, sd/- B. Das. Secretary. "

The changes made were therefore two-fold: (i) All forest-gates should be run departmentally by regular, salaried staff to be appointed by the Collector, and (ii) The number of forest gates in the district of Ganjam should be reduced to 50. Apparently the reduction in the number was the direct result of appointing wholetime salaried staff in place of