SHRABANTI DAS Vs. GOVERNMENT OF INDIA AND OTHERS

JUDGEMENT

(1.) The appellant was serving as an Assistant Manager in NABARD and was posted at Guwahati (Assam). In the year 2014 she fell ill and it is contended that the Medical Officer of NABARD advised that it would be troublesome and risky for her to stay alone at Guwahati and thus the appellant shifted to her native place in Cuttack, Odisha. Since August 2014 she has been staying in Odisha. However, since she has not been attending her duty in Assam, her salary has been stopped w.e.f. October, 2014. She has made representation for her transfer from Assam to any part of the Odisha on medical ground, which has not been acceded/considered by the respondent-Bank. Thus, the appellant filed W.P.(C) No.7117 of 2016 with the prayer for direction to the respondent-Bank to transfer her from Assam to Odisha on medical ground. By order dated 10.05.2016, learned Single Judge dismissed the writ petition on the ground that no part of cause of action has accrued within the territorial jurisdiction of Odisha and merely because the appellant has been staying in the State of Odisha it cannot be said that any part of cause of action has accrued here. Challenging the said order, this writ appeal has been filed.

(2.) Heard Mr. N.K. Mishra, learned Senior Counsel along with Mr. A. Mishra, learned counsel for the appellant and Mr. B.P. Tripathy, learned counsel for the respondents. Perused the order impugned in this appeal.

(3.) Mr. N.K. Mishra, learned Senior Counsel appearing for the appellant has submitted that the appellant was advised not to stay alone in Assam and be with her near and dear ones in her native place. It is thus submitted that it was on such advice of the Medical Officer of the respondent-Bank that the appellant has come to her native place in Odisha and as such cause of action has accrued in Odisha because her representations have been sent from Odisha. It has also been submitted that during her stay in Odisha, the appellant was permitted to take promotional interview twice in Bhubaneswar office, Odisha of the respondent bank and, as such, part of cause of action has arisen within the territorial jurisdiction of Odisha. To substantiate his contention, he has relied upon the judgment of Special Bench of Delhi High Court in M/s. Sterling Agro Industries Ltd. v. Union of India & Ors., 2011 AIR(Del) 174, and judgment dated 04.08.2015 of this Court in W.P.(C) No. 5845 of 2003 (P.K. Pani v. Chairman & Managing Director), rendered by one of us (Dr. B.R. Sarangi,J), which has been confirmed by the Division Bench of this Court in W.A. No. 543 of 2015 (Chairman & Managing Director, Allahabad Bank v. Shri P.K. Pani) by judgment dated 17.10.2016.