IN THE HIGH COURT OF JUDICATURE AT PATNA
I. A. ANSARI AND SAMARENDRA PRATAP SINGH, JJ.
Saryu Singh – Appellant
Versus
The Union of India through the Secretary, Ministry of Coal, Govt. of India, Shastri Nagar, New Delhi & Ors. - Respondents
Letters Patent Appeal No.1225 of 2014 In Civil Writ Jurisdiction Case No. 22327 of 2013
Decided on : 17-12-2014
PENSION - PAYMENT - JURISDICTION - WRIT PETITION - TERRITORIAL JURISDICTION - CAUSE OF ACTION - WRIT PETITION DISMISSED ON GROUND OF LACK OF TERRITORIAL JURISDICTION - WRIT PETITIONER WAS EMPLOYEE OF COAL INDIA LIMITED - PENSION AND PENSIONARY BENEFITS WERE TO BE PAID AT PATNA - NON-PAYMENT OF PENSION AND PENSIONARY BENEFITS AT PATNA CONSTITUTED CAUSE OF ACTION - WRIT PETITION WAS MAINTAINABLE BEFORE PATNA HIGH COURT.
Fact of the Case:
The writ petitioner was an employee of Coal India Limited and was entitled to receive pension and pensionary benefits at Patna. The respondents failed to pay the pension and pensionary benefits to the writ petitioner at Patna. The writ petitioner filed a writ petition before the Patna High Court seeking a direction to the respondents to pay the pension and pensionary benefits. The writ petition was dismissed by a learned single Judge of the Patna High Court on the ground that the Court lacked territorial jurisdiction to entertain the writ petition.
Finding of the Court:
The Patna High Court has territorial jurisdiction to entertain the writ petition. The cause of action has arisen, if not wholly, substantially within the territorial jurisdiction of Patna High Court. The dismissal, therefore, of the writ petition by the impugned order, dated 02.07.2014, cannot be allowed to stand good on record.
Issues: Whether the Patna High Court has territorial jurisdiction to entertain the writ petition.
Ratio Decidendi: The territorial jurisdiction of a High Court under Article 226 of the Constitution of India is determined by the place where the cause of action, wholly or in part, arises. In the present case, the cause of action arose at Patna, where the writ petitioner was entitled to receive his pension and pensionary benefits. Therefore, the Patna High Court had territorial jurisdiction to entertain the writ petition.
Final Decision: The impugned order, dated 02.07.2014, is hereby set aside by holding that the Patna High Court has territorial jurisdiction to deal with the writ petition. The writ petition, CWJC No. 22327 of 2013 is hereby restored to its original file and remanded for disposal in accordance with law.
I. A. ANSARI
This is an appeal against order, dated 02.07.2014, passed, in CWJC No. 22327 of 2013, by a learned single Judge of this Court, whereby the learned single Judge dismissed the writ petition on the grounds that (i) no assistance was rendered, in the writ proceedings, on behalf of the writ petitioner-appellant herein and (ii) the writ petition lacks territorial jurisdiction as no cause of action had arisen within the territorial limits of the jurisdiction of this Court.
2. Aggrieved by the dismissal of his writ petition, this appeal has been preferred by the writ petitioner.
3. The material facts, giving rise to the writ petition, may, in brief, be set out as under:
(i) The State Collieries, spread over several States of India, was earlier run directly by the Ministry of Production, Government of India, and Kargali Collieries, in the district of Hazaribagh (Jharkhand), was one of the units of the State Collieries of the Government of India within the territorial limits of the erstwhile State of Bihar.
(ii) The writ petitioner was appointed, at Kargali (Hazaribagh), as Assistant Law Officer by the then Ministry of Production, Government of India, with effect from 01.01.1954, in the Central Pay Commission Scale approved by the Government of India and guided by the Central Civil Rules.
(iii) During the service tenure of the writ petitioner, he was transferred to the National Coal Development Corporation Limited, which announced that the scale of pay, recommended by the 3rd Central Pay Commission, would be applied, with effect from 01.01.1973, by the National Coal Development Corporation Limited, as approved by the Government of India, vide letter No. NCDC/3rdCPC office/75, dated 27.05.1975, and the name of the writ petitioner figured at serial No. 56 in the list of employees issued in this regard.
(iv) Thereafter, the Central Coalfields Limited, which was formerly known as National Coal Development Corporation Limited, announced, on 11.05.1987, implementation of revised 4th Central Pay Commission pay scale, as approved by the Government of India, with effect from 01.01.1986, by letter No. 2 PM (A)/EE/Excentince/DA/VDA/87/10919-104.
(v) The writ petitioner was promoted to the post of Deputy Chief Legal Manager, in the revised 4th Central Pay Commission pay scale of Rs. 4100-5300 vide Officer Order No. C-5A (iii)/51791/(PT)/1082, dated 27.10.1987, issued by the Coal India Limited, Kolkata, and the writ petitioner was posted at Northern Coalfield Limited, Singrauli (Madhya Pradesh), a subsidiary of Coal India Limited, Kolkata, by order passed, in this regard, on 26.12.1987. The writ petitioner, accordingly, joined the Head Office of Northern Coalfield Limited, Singrauli (Madhya Pradesh) on 28.12.1987.
(vi) Later on, the writ petitioner discovered that in the Officer Order No. C-5A (iii)/51791/(PT)/1082, dated 27.10.1987, issued by the Coal India Limited, Kolkata, in place of Central Pay Commission scale of pay, replacement/BP scale of pay was, inadvertently, mentioned, whereupon the writ petitioner filed a representation to the Personnel Department of Northern Coalfield Limited requesting them to approach Coal India Limited, Kolkata, for necessary amendment in the said Office Order. Thereafter, the said Officer Order was amended vide letter No. C-5A (iii)/5199(/(PT)/867, dated 21.07.1988, and the scale of pay of the writ petitioner was fixed at Rs. 4100-125-4850-150-5300/-.
(vii) The writ petitioner superannuated, on 30.04.1990, from the post of Deputy Chief Legal Manager, in Northern Coalfield Limited, Singrauli, and the pension of the writ petitioner was fixed at Rs. 2,332/- in terms of the 4th Central Pay Commission scale of pay of Rs. 4100-5300/-. The writ petitioner, accordingly, started submitting his pension bills and the pension bills, so submitted, were also honoured by the Northern Coalfield Limited.
(viii) The writ petitioner had to submit his pension bill each month. The writ petitioner requested North
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