ANURADHA RAI Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Shri Rahul Jain, learned counsel for the petitioner and Shri R.B. Singhal, learned Senior counsel assisted by Shri Ram Krishna Mishra for Union of India.

(2.) By means of this writ petition, the petitioner has challenged the order dated 4.5.2011 whereby her claim for appointment under the scheme for compassionate appointment applicable to Central Government employees has been refused simply on the ground that the petitioner did not qualify in the requisite type test, therefore, instead of ministerial wing she may opt for appointment against a general duty post.

(3.) Before coming to the validity of impugned order, it is relevant to deal with the objection as to the territorial jurisdiction of this Court which has been raised by the learned Additional Solicitor General appearing for the Union of India. This objection is raised at this stage when the matter is ripe for hearing and almost three years have already lapsed. In order to repel the objection, learned counsel for the petitioner has submitted that the petitioner being a resident of District Chandauli, U.P. has participated in the selection proceedings that took place at Allahabad and as such, cause of action or at least a part of cause of action has arisen within the territorial jurisdiction of this Court therefore, this High Court shall have jurisdiction to entertain the writ petition and decide the same on merit. To the extent that selection took place at Allahabad, there is no dispute.