MOHAN SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THESE two cases have been referred by the learned Single Judge to decide the issue about the territorial jurisdiction of this Court to entertain petition under Article 226 or 227 of Constitution, for raising grievance of non payment of pension to the retired personnel of Indian Armed Forces which is payable in the State of Rajasthan either under option exercised by the retired personnel or because he is entitled to receive pension at the place where incumbent desired to settle after retirement.

(2.) LEARNED Single Judge was of the view whether in such case where a person has retired from a different State but resides and receives pension in that State, the latter State had the territorial jurisdiction, there are conflicting views of this Court, hence he referred the question as to jurisdiction to Larger Bench.

(3.) IT is also not necessary that whole of the cause of action should have arisen within the territorial jurisdiction of the Court within the territories over which the Court is exercising jurisdiction but even if a part of such cause of action has arisen therein, such High Court shall have the jurisdiction to entertain the petition within whose territory any part of cause of action has taken place. In such cases more than one High Court can have jurisdiction to entertain such petitions, which could be exercised concurrently. Therefore, the examination of issue cannot be confined with reference to the place wherefrom the order has emanated or where the Authority against whom the relief sought is situate, but it also depends on where whose or any part of cause of action has arisen.