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2016 Supreme(Online)(KER) 4414

HIGH COURT OF KERALA
C.T.RAVIKUMAR, J
K.K.VASUDEVA KURUP – Appellant
Versus
UNION OF INDIA – Respondent


Advocates:
SRI.K.SASIKUMAR, SRI. N. NAGARESH, ASGI

JUDGMENT

The point of polemics that crops up for consideration is whether disability pension could be granted to a person who served in the frontiers or in difficult areas as a Rifleman could be denied disability pension solely on the ground that the disease from which he is afflicted, is not included in the schedule I-A of the Extra Ordinary Pension Rules to the Central Civil Services [ CCS (EOP) Rules ]. Before adverting to the said question it is apposite to consider objection raised by the respondents on the maintainability of this writ petition on the ground of territorial jurisdiction as also limitation. The learned counsel appearing for the petitioner submitted that in the light of a Division Bench judgment of this Court inSelvin Abraham v. Punjab & Sind Bank reported in 2013 (3) KLT 481 , the objection regarding the lack of territorial jurisdiction cannot be sustained. True that in the decision by the learned single judge in Rajesh's case (Supra) it was held that only a material/essential or integral part of the cause of action occurred within the jurisdiction of this Court then only it could confer the territorial jurisdiction on this Court. On carefully scanning the deci

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