OAK, C. J. :- These two appeals raise a common question whether Article 311(2) of the Constitution of India is applicable where services of a permanent Government servant are dispensed with on the abolition of the permanent post held by him.

2. In Special Appeal No. 809 of 1964 the facts are these. Dr. Prem Behari Lal Saxena was appointed Anaesthetist in a Government hospital at Kanpur. He was appointed to this post by the State Government by its order dated 31-3-1951. He was confirmed in this post with effect from 10-9-1955. On 3-11-1961 the State Government passed an order that, as the Governor has been pleased to order the abolition of the permanent ex-cadre post of the Anaesthetist at the Government hospital at Kanpur, services of Dr. P. B. L. Saxena, the incumbent of the post, were being dispensed with. Dr. Prem Behari Lal filed in this Court a writ petition challenging the order of discharge dated 3-11-1961 on various grounds. One of the grounds was that he was removed from service without giving him a show cause notice as required by Article 311(2) of the Constitution. The reply of the opposite parties was that Article 311(2) of the Constitution is not applicable whe