SATENG XAXA Vs. STATE OF JHARKHAND : STATE OF BIHAR : SECRETARY, DEPARTMENT OF HOME, GOVERNMENT OF BIHAR, PATNA : SECRETARY, DEPARTMENT OF HOME, GOVERNMENT OF JHARKHAND, RANCHI

JUDGEMENT

(1.) LEARNED counsel for the petitioner submitted that the husband of the present petitioner retired on 1st July, 1995 as Constable, thereafter, the pension was paid by the State of Bihar to the husband of the present petitioner. Husband of the present petitioner expired on 24th April, 2004, thereafter, family pension is paid to the petitioner by the State of Bihar, even on today, but, several other retirement benefits like amount of Gratuity, Group Provident Fund amount, Leave Encashment amount, Group Insurance amount and such other retirement benefits have not yet been paid, which are legally payable to the petitioner and, therefore, let a suitable direction is given to the concerned respondent authorities so that legally payable dues to the petitioner, may be paid by the respondents. The petitioner is residing within the State of Jharkhand, therefore, the present petition has been instituted before this Court.

(2.) I have heard learned counsels for the respondents, who have vehemently submitted that no cause of action has arisen within the territorial jurisdiction of this Court, much less part of cause of action has arisen within the territorial jurisdiction of Jharkhand High Court and, therefore, the writ petition is not tenable at law before this Court. It is also submitted by learned counsel for the State of Bihar as well as learned counsel on behalf of Accountant General Offices at Bihar as well as at Jharkhand that the petitioner's husband served with the State of Bihar, he retired from the State of Bihar on 1st July, 1995. After his retirement, pension was paid to him by the State of Bihar. Husband of the petitioner expired on 24th April, 2004, thereafter, family pension is also paid by the State of Bihar and, therefore, the amount of Gratuity, Group Provident Fund amount, Leave Encashment amount, Group Insurance amount and such other retirement benefits is payable, by the State of Bihar and, therefore, this petition is not tenable before this Court. No cause of action has arisen within the State of Jharkhand. Nonetheless, it is fairly submitted by learned counsel for the State of Bihar that they will consider this writ petition as a representation and the concerned respondent authorities of the State of Bihar will decide the legally payable amount of death -cum - retiral benefits to the petitioner and it will be communicated also to the petitioner, she will have to collect the amount from the office of the concerned respondent authority i.e. respondent no. 5.

(3.) IN view of the aforesaid decisions also, the present petition is not tenable at law before this Court for want of territorial jurisdiction as no cause of action or part of cause of action as said to have been arisen within the territorial region of the State of Jharkhand.