JUDGMENT :

Ashok Bhushan, J.

Leave granted.

2. This appeal has been filed questioning the Division Bench judgment of Patna High Court in Letters Patent Appeal No.1265 of 2017 dismissing the Letters Patent Appeal of the appellant. Letters Patent Appeal was filed against the judgment of learned Single Judge dated 04.08.2017 by which Writ Petition No.5999 of 2014 filed by her late husband in which she was substituted after death of her husband was dismissed by learned Single Judge on the ground of lack of territorial jurisdiction.

3. Brief facts of the case for deciding this appeal are:

3.1 The husband of the appellant Shri Bashishtha Narayan Mishra was employed in Coal India Limited. He was working at Moira Colliery, Bankola Area, District Burdwan, West Bengal. Ministry of Coal, Government of India in exercise of power under Section 3E of Coal Mines Provident Fund and Miscellaneous Provisions Act, 1948 and in supersession of the Coal Mines Family Pension Scheme, 1971 notified a Family Coal Mines Pension Scheme, 1998 dated 05.03.1998. Late husband of the appellant did not opt for the pension Scheme notified under Notification dated 05.03.1998.

3.2 By Notification dated 09.01.2002 Coal Min