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2019 Supreme(MP) 422

G.S.AHLUWALIA
Rajendra Singh Bhadoriya – Appellant
Versus
Union of India – Respondent


Advocates:
Alok Katare for petitioner; Vivek Khedkar, Assistant Solicitor General for respondents/Union of India.

JUDGMENT

1. This petition under Article 226 of the Constitution of India has been filed challenging the order dated 28.3.2014 passed by Deputy Commandant, CISF Unit, MTPS, Mejia (West Bengal).

2. A preliminary objection has been raised by the respondents with regard to the territorial jurisdiction of this Court.

3. It is submitted by the counsel for the petitioner that the petitioner was an employee of CISF and he has been compulsorily retired and thereafter, he is residing in Gwalior, which is within the territorial jurisdiction of this Court and, therefore, the place of residence would give rise to a part of cause of action because the petitioner is suffering the consequence of rejection of his claim for grant of second MACP. If the second MACP is granted to the petitioner, then it will have an impact on the amount of pension, which the petitioner is losing and as a consequence of the impugned order is being faced by the petitioner at Gwalior, therefore, this Court has a territorial jurisdiction to entertain this petition.

4. Per contra, it is submitted by the counsel for the respondents that the place of residence cannot be said to be a part of cause of action. Although the petition

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