LAWS(KER)-2018-9-363

K.T. SUDHARSHANAN Vs. UNION OF INDIA

Decided On September 28, 2018
K.T. Sudharshanan Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) Often, while addressing objections relating to territorial jurisdiction, Courts are caught in a dilemma if its natural endevour ought to be to strain to find a cause to establish jurisdiction or to reject claims out-right for ex-facie lack of such jurisdiction. The Court's quandary becomes exacerbated in matters impelled by litigants with limited financial resources or who are close to penury and therefore, unable to approach other High Courts or Forums.

(2.) This case before us certainly has caused this angst in us ; but we will not decide the issue edificed merely on sympathy and we proceed to examine if the writ petition, filed by the appellant herein, would obtain feet to stand in this Court or if it will have to be represented or filed in another High Court, as concluded by the learned Single Judge.

(3.) Stated pithly, the issue in question is whether the appellant, who worked in the Assam Rifles in Shillong and who was discharged from service on medical reasons, can file a writ petition seeking Disability Pension before this Court.