The High Court dismissed a public interest litigation seeking directions for compassionate appointment on the ground that the Court lacked territorial jurisdiction as the cause of action arose in Chhatisgarh and Bihar, not Uttar Pradesh.
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Court No. - 33
Case :- WRIT - A No. - 21952 of 2022 Petitioner :- Rahul Singh Respondent :- Union Of India And 5 Others Counsel for Petitioner :- Anand Swaroop Gautam Counsel for Respondent :- A.S.G.I.,Rakesh Kumar Mishra
Hon'ble Jaspreet Singh,J.
Heard learned counsel for the petitioner as well as Sri Rakesh Kumar Mishra, learned counsel for the respondents.
By means of the instant petition, the petitioner seeks a direction in the nature of mandamus commanding the respondentsauthorities to consider the case of the petitioner for compassionate appointment.
The learned Counsel for the respondents has raised a preliminary objection that the present petition is not maintainable before this Court, inasmuch as, the Court lacks territorial jurisdiction to entertain the present petition.
The learned counsel for the respondents has drawn the attention of the Court to paragraphs 3 to 7 of the petition to indicate that the father of the petitioner had died while he was serving in District Sukma, State of Chhatisgarh.
It has further been pointed out that all the necessary correspondence has already been done with the Authorities at Chhatisgarh and in the State of Bihar, no cause of action has arisen within the State of Uttar Pradesh and accordingly, this Court may not entertain the present petition.
The learned counsel for the petitioner on the other hand, though, refuted the aforesaid submissions but could not dispute the aforesaid facts.
In view of the aforesaid, this Court is of the view that the present petition is not maintainable before this Court on account of territorial jurisdiction, accordingly, it is dismissed only on the ground of territorial jurisdiction. It shall be open for the petitioner move an appropriate petition before the appropriate Court.
Order Date :- 14.2.2023 Asheesh
Digitally signed by :- ASHEESH KUMAR High Court of Judicature at Allahabad
1 issue framed by the court
Whether the High Court has territorial jurisdiction to entertain a writ petition for directions to consider a case for compassionate appointment.
Rahul Singh
Union Of India
Jaspreet Singh
As recorded by the court registry
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