UMESH KUMAR SHARMA Vs. STATE OF U P

JUDGEMENT

(1.) Heard the learned counsel for the parties. The petitioner was an employee in Nagar Nigam, Ghaziabad and his services were terminated on March 7, 1987, against which he filed Writ Petition No. 5879 of 1987, which was dismissed on September 25, 1997 by a learned single Judge. Against this judgment he filed Special Appeal No. 853 of 1997, which was also dismissed by a Division Bench of this Court on November 18, 1998.

(2.) Thereafter, it appears that the petitioner made a representation to the State Government to give ad hoc appointment. The said representation was rejected on October 27, 1999. Then it appears that the petitioner filed Writ Petition No. 1534(SS) of 1999 before the Lucknow Bench of this Court. An interim order was passed by the Lucknow Bench vide Annexure-1 to the writ petition on January 27, 2000 that if the Nagar Nigam, Ghaziabad is making ad-hoc appointment on the post of Tax/Revenue Inspector and there are vacancies, then the case of the petitioner shall also be considered. We have been informed that the writ petition is still pending before the Lucknow Bench. In our opinion Writ Petition No. 1534(SS) of 1999 was not cognizable before the Lucknow Bench at all because no part of the cause of action arose in Awadh area i.e within jurisdiction of Lucknow Bench, since the petitioner was an employee in Nagar Nigam, Ghaziabad which falls within the jurisdiction of the Allahabad Bench and not Lucknow Bench of this Court. Merely making a representation to the State Government or some other authority at Lucknow, does not create any jurisdiction of the Lucknow Bench, whether that application is pending or has been decided by the authority at Lucknow. If a contrary view is taken, then all writ petitions can be filed before in a non-Awadh area and then claiming that jurisdiction has been created in the Lucknow Bench. This is a wrong view and is contrary to the decision of the Hon'ble Supreme Court in Nasiruddin v. State of Uttar Pradesh, AIR 1976 SC 622 and it is also contrary to our order in Writ Petition No. 1534(SS) of 2000 passed on November 27, 2000. It is only an attempt to create jurisdiction in the Lucknow Bench artificially.

(3.) We feel it necessary to pass this order as it has been brought to our knowledge that often jurisdiction of Awadh Bench is sought to be created artificially by merely making a representation against any impugned order passed at Allahabad, Varanasi, Kanpur, Aligarh, Meerut etc., which are not within the Awadh area. We deprecate this practice of seeking to create artificial jurisdiction in the Lucknow Bench. These tactics have to be stopped.