IMPORTANT POINT
1. In order to maintain a writ petition, the petitioner has to establish that a legal right claimed by him has been infringed by the respondents within the territorial limit of the Court's jurisdiction.
2. Question whether or not cause of action wholly or in part for filing a writ petition has arisen within the territorial limit of any High Court has to be decided in the light of the nature and character of the proceedings under Article 226 of the Constitution.

JUDGMENT :

M.Y. EQBAL, J.

1. Leave granted.

2. Aggrieved by the judgment and order dated 16.4.2013 passed by learned Single Judge of Patna High Court dismissing appellant's writ petition for want of territorial jurisdiction, this appeal by special leave has been preferred by the appellant, who in November, 1988 had joined the off-shore Department of the Shipping Corporation of India (in short, "the Corporation") and after about eight years he was transferred from the off- shore duty to a main fleet in the Foreign Going Department.

3. It is the case of the appellant that he was found medically fit in the medical test conducted by the Marine Medical Services in February, 2009 and thereafter, on 29.9.2009, an agreement known as the articles of agreement for employment of seafarers was executed for appellant's off- shore duty. On 18.6.2010, when the appellant reported sickness i.e. cough, abdominal pain, swelling in leg and difficulty in breathing, he was sent for medical treatment ashore at Adani, Mundra Port.

The Medical Officer ashore advised him for admission in the Hospital and accordingly he was signed off for further medical treatment. Thereafter, he was considered permanently unfit for sea service due to dilated cardiomyopathy (heart muscle disease) as per certificate dated 18.3.2011 issued by Corporation's Assistant Medical Officer. Consequently, the Shipping Department of the Government of India, Mumbai issued order dated 12.4.2011 cancelling registration of the appellant as a Seaman.

4. It is contended by the appellant that after he settled at his native place Gaya, Bihar, he sent several letters/ representations from there to the respondents for his financial claims as per statutory provisions and terms of contract. On the disability compensation claim, Respondent no.2- Corporation communicated vide letter dated 7.10.2011 that since the appellant was declared unfit for sea service due to heart problem (organic ailment) he will be entitled to receive severance compensation of Rs.2,75,000/-, which was although offered, but not accepted by the appellant. It was also informed that he is not entitled to receive disability compensation, which becomes payable only in case a seaman becomes incapacitated as a result of the injury.

5. By filing a writ petition, the appellant approached Patna High Court under Article 226 of the Constitution of India for grant of various reliefs including 100% disability compensation and pecuniary damages. However, at the time of hearing, respondents raised the question of maintainability of the writ petition on the ground that no cause of action or even a fraction of cause of action arose within the territorial jurisdiction of the Patna High Court and contended that the appellant was appointed by the Corporation on the post of Seaman for off-shore services and he discharged his duty outside the territory of the State of Bihar.

It is the case of the respondent that the order declaring the appellant permanently unfit as well as the letter/order dated 7.10.2011 was passed by an authority of the respondent Corporation at Mumbai. Per contra, it is the case of the appellant that he is a permanent resident of Bihar and he asserted his rights in the State of Bihar and all communications with respect to rejection of his claims were made at his residential address in the State of Bihar.

6. After hearing learned counsel appearing for the parties and considering entire materials on record, learned Single Judge of the Patna High Court dismissed the writ petition of the appellant holding that no cause of action, not even a fraction of cause of action, arose within its territorial jurisdiction. Hence, the present appeal by special leave.

7. We have heard learned counsel appearing for the parties.

8. The short question that falls for consideration in the facts of the present case is that as to whether the Patna High Court is correct in taking the view that it has no jurisdiction to entertain the writ petition. For answerin