KUNJABEHARI MOHANTY Vs. STATE OF ORISSA

JUDGEMENT

(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: