JORA RAM Vs. UNION OF INDIA

JUDGEMENT

(1.) In both these cases the same legal issue is involved. Petitioners' claim for pension had been rejected by the competent authorities and the writ petitions have been filed for quashing the orders of rejection of their claims.

(2.) The respondents have raised the preliminary objection regarding jurisdiction of this Court particularly relying upon the earlier judgment of this Court dated 13.1.1998 passed in S.B. Civil Writ Petition No. 6722/1992, Ex-Sepoy Kana Ram Vs. Union of India, wherein, after placing reliance on a large number of judgments, this Court came to the conclusion that if the impugned order has not been passed within the territorial jurisdiction of this Court, the Court would not have jurisdiction to entertain the writ petition challenging the said order. It was so held for the reason that neither the respondents were residing in the territorial jurisdiction of this Court not the case had fallen within the ambit of Clause (2) of Art. 226 of the Constitution of India as the cause of action, neither fully nor partly, had arisen within its territorial jurisdiction.

(3.) Learned counsel for the petitioners made submission to reconsider the judgment in Ex- Sepoy Kana Ram's case (supra) on the ground that the said judgment laid down contrary to the Division Bench judgment of this court.