Honble BALIA, J.–These two cases have been referred by the learned Single Judge to decide the issue about the territorial jurisdiction of this Court to entertain petition under Article 226 or 227 of Constitution, for raising grievance of non payment of pension to the retired personnel of Indian Armed Forces which is payable in the State of Rajasthan either under option exercised by the retired personnel or because he is entitled to receive pension at the place where incumbent desired to settle after retirement.

(2). Learned Single Judge was of the view whether in such case where a person has retired from a different State but resides and receives pension in that State, the latter State had the territorial jurisdiction, there are conflicting views of this Court, hence he referred the question as to jurisdiction to Larger Bench.

(3). In the present case the petitioner was appointed as Rifleman in Rajasthan in Rajasthan Rifles on 11th Dec. 57. He was discharged from respondent establishment. It is not even the case of respondent that the petitioner retired from any place out side State of Rajasthan. There is no dispute that if the petitioner is successful in his claim to pension, such p

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