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SUPREME COURT OF INDIA
ASHOK BHUSHAN, R. SUBHASH REDDY, M.R. SHAH, JJ.
Shanti Devi Alias Shanti Mishra – Appellant
Versus
Union of India and Others – Respondents
Civil Appeal No. 3630 of 2020 (arising out of SLP(C) No.18375 of 2018)
Decided On : 05-11-2020
Constitution of India – Article 226 – Civil Procedure Code, 1908 – Section 20 – Writ Petition – Dismissal – Lack of territorial jurisdiction – For a retiree who is settled in Darbhanga and receiving pension at District Darbhanga, it cannot be said that it was necessary for him to file his petition in Jharkhand High Court where his earlier writ petition was pending – Subject matter of earlier writ petition was entirely different and dismissal of writ petition does not preclude petitioner to file subsequent writ petition in same High Court – Main pleadings in writ petition were not dealt with by High Court – Part of cause of action has arisen within territorial jurisdiction of Patna High Court – Deceased petitioner was continuously receiving pension for last 8 years in his bank account in Darbhanga – Stoppage of pension gave a cause of action which arose at the place where petitioner was continuously receiving pension – View of Single Judge as well as Division Bench holding writ petition not maintainable on the ground of lack of territorial jurisdiction was completely erroneous and has caused immense hardship to petitioner – A retired employee, who is receiving pension, cannot be asked to go to another court to file writ petition when he has a cause of action for filing a writ petition in Patna High Court – For a retired employee convenience is to prosecute his case at place where he belonged to and was getting pension – Writ Petition was fully maintainable at Patna High Court and Single Judge and Division Bench committed error in dismissing writ petition on the ground of lack of territorial jurisdiction – Writ petition stands revived before Patna High Court. (Paras 16, 17, 29, 33, 34 and 35)
Facts of the Case:
Present appeal has been filed questioning Division Bench judgment of Patna High Court in Letters Patent Appeal No.1265 of 2017 dismissing Letters Patent Appeal of the appellant. Letters Patent Appeal was filed against the judgment of 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 Single Judge on the ground of lack of territorial jurisdiction.
Findings of Court:
Appellant is entitled for an interim order in the writ petition for her sustenance. The appellant’s husband, who had filed the writ petition had died during the pendency of the writ petition. After his death, appellant, the widow was substituted. Six years have passed after filing of the writ petition wherein stoppage of pension was questioned. Appellant being widow is also entitled for pensionary benefit for her sustenance since her husband was receiving pension. During pendency of the writ petition the appellant is entitled to be paid provisional pension which shall be subject to final decision in the writ petition.
Result : Appeal allowed.
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 Mines Pension Scheme, 1998 was amended by inserting paragraph 2A in the Scheme providing that an employee, who had not opted for the Coal Mines Family Pension Scheme, 1971 but is covered by the Provident Fund Scheme may opt for pension within a period of nine months. After the Notification dated 09.01.2002, the same was circulated by Eastern Coal Fields Limited to all Regional Commissioners/ Assistant Commissioners.
3.3 The husband of the appellant in pursuance of the Notification dated 09.01.2002 submitted the option opting for Pension Scheme, which option was forwarded to the Sr. Personnel Officers by Manager, Moira Colliery by letter dated 18.11.2003 requesting for transfer of Rs.1, 38,164/- from provident fund account of B.N. Mishra to his pension fund. By further letter dated 20.11.2003 of Regional Commissioner, it was informed that amount of Rs.48,467/- has been adjusted under para 4(2) of Scheme, 1998. Late B.N. Mishra was to retire on 30.04.2005. His papers for settlement of pension were forwarded to The Regional Commissioner-1, Coal Mines Provident Fund, Asansol. By letter dated 30.11.2005 written by Regional Commissioner, Coal Mines Provident Fund, Region-1, Asansol, the late husband of the appellant was asked to deposit the amount of Rs.39,198/- towards recovery of pension contribution. The pension was sanctioned to Shri Mishra after about 14 months from retirement, thereafter, he started receiving pension w.e.f. May, 2005.
3.4 Late Shri B.N. Mishra being native of Village Bhuskol, Police Station, Darbhanga, District Darbhanga, he had claimed payment for pension from Darbhanga, State of Bihar. Pension started in account of Late Shri B.N. Mishra with State Bank of India, Darbhanga, State of Bihar. A Writ Petition No. 13955 of 2006 was filed by late Shri B.N. Mishra in Patna High court where he prayed for grant of refund of Rs.1,33,559/-, which was wrongly withheld/ illegally deducted from the writ petitioner. The said writ petition was dismissed on 08.02.2013 on the ground of lack of territorial jurisdiction. Learned Single Judge held that petitioner served in the State of West Bengal under the authorities and organizations which are located either in States of West Bengal or Jharkhand, hence, High Court of Patna had no territorial jurisdiction.
3.5 After dismissal of the above Writ Petition No. 13955 of 2006 on 08.02.2013, late Shri B.N. Mishra filed Writ Petition No. 4930 of 2013 in Jharkhand High Court for the relief which he had claimed in the Writ Petition No.13955 of 2006 before Patna High Court. When notice of the writ petition filed by late Shri B.N. Mishra in Jharkhand High Court was received by office of Regional Provident Fund Commissioner, Asansol, a letter dated 07.10.2013 was issued to the husband of the appellant at his place of re
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