LAWS(ALL)-2017-9-6

VIRENDRA SINGH Vs. UNION OF INDIA

Decided On September 07, 2017
VIRENDRA SINGH Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) This writ petition has been filed by the petitioner challenging order dated 20.04.2006 passed by the Commandant 132 Battalion, C.R.P.F. Komderai CC Pur (Manipur); order dated 05.01.2008 passed by the Commandant 132nd Battalion, Adityapur, Jamshedpur (Jharkhand); order dated 23.07.2008 passed by the Deputy Inspector General of Police, C.R.P.F. Agra Mumbai Road, Gwalior (M.P.); order dated 09.05.2014 passed by Inspector General of Police, Madhya Pradesh Sector, CRPF, Bhopal (M.P.); and order dated 19.03.2015/24.03.2015 passed by the Special Director General, Central Zone, C.R.P.F., Salt Lake, Kolkata (West Bengal). The petitioner has further prayed for issuance of a mandamus to the Respondents to consider the application of the petitioner for voluntary retirement and grant him monthly pension, gratuity and other retiral benefits treating the petitioner to have voluntarily retired w.e.f. 05.01.2008.

(2.) At the time of hearing of the aforesaid writ petition, the learned counsel for the Respondents, Mr. Gyan Narayan Kanaujiya, has pointed out to this Court that the writ petition was not maintainable as this Court did not have the territorial jurisdiction. It was also pointed out by him that he had raised this preliminary objection regarding the maintainability of the writ petition on the first day of hearing i.e. on 20.04.2015 and on the request of the counsel for the petitioner the matter has been adjourned to enable him to prepare his arguments regarding the maintainability, this adjourment was sought repeatedly by the counsel for the petitioner for past several dates.

(3.) It has also been pointed out by the learned counsel for the Union of India that initially when the said writ petition was filed a prayer was made only for issuance of the mandamus to the authorities to decide his representation said to be pending and for a mandamus to allow the petitioner to voluntarily retire w.e.f. 05.01.2008. Later on, the Amendment Application was allowed and the prayer for quashing of several orders as mentioned herein above was made by the petitioner.