ATIFUL ALAM Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) THE petitioner in this writ Petition dated December 1, 2008 is seeking the following principal reliefs:

(2.) HE was enrolled at Branch Recruiting Office, Kolkata on March 24, 2001. After completion of the military training, he was posted to 9 MECH INF with effect from August 2, 2002. A discharge order dated February 4, 2008, Annexure P3 at p.36, was issued stating that the Officer in -Charge Records of the MECH INF REGT, Ahmednagar in Maharashtra approved his discharge from service on extreme compassionate grounds. The discharge was approved with effect from February 29, 2008. Questioning the discharge order he moved this Court by filing W.P. No. 8320 (W) of 2008. By an order dated November 26, 2008 the writ Petition was disposed of.

(3.) IN W.P. No. 8320 (W) of 2008 the respondents therein filed an opposition. It was stated in the opposition that the discharge order dated February 4, 2008 had been cancelled. It seems that in view of the observation - "Thus the writ petitioner certainly will be at liberty to knock the door of the writ Court with fresh application" - the petitioner has taken out this writ Petition seeking the reliefs quoted hereinbefore. The question of territorial jurisdiction of this Court to entertain this writ Petition is quite relevant. The question was raised in the previous writ Petition and, it seems to me, by necessary implication it was answered in the affirmative. The respondents accepted the judgment. Hence I do not think today I can decide the question in this writ Petition for filing which liberty was given by the order made in the previous case. Under the circumstances, I propose to decide this writ Petition on merits.