Rampada Pradhan v. Union Of India And ORS.

28.09.2022 IN THE HIGH COURT AT CALCUTTA DL-9 CONSTITUTIONAL WRIT JURISDICTION (PP) APPELLATE SIDE Ct.21 WPA 21559 of 2022 Ramapada Pradhan Vs.

Union of India & Ors.

Mr. Malay Bhattacharyya, Mr. Subhrajyoti Ghosh, Ms. Shefa Mondal ....for the petitioner.

Mr. Partha Ghosh, Mr. Pritam Roy ....for the respondents/Union of India.

In this writ petition, the petitioner has prayed for disbursement of his terminal benefits. The petitioner was constable with the Central Reserve Police Force (CRPF) from June 19, 1985 to August 12, 2002, when his resignation was accepted and he was discharged from services.

This Court finds that the last place of posting from where the writ petitioner tendered his resignation was in Chennai. Furthermore, the communications made by the writ petitioner were to the Deputy Secretary to the Government of India, Ministry of Personnel, New Delhi, DIG Group Centre, CRPF, Uttar Pradesh and the Commandant, 63 Bn CRPF, Ambala Cantonment, Haryana for release of his benefits. The resignation of the writ petitioner was also accepted by the Commandant, 63 Bn CRPF, Ambala Cantonment, Haryana.

In the circumstances, this Court holds that the entire cause of action has arisen outside the territorial jurisdiction of this Hon'ble Court. Since this Court has no territorial jurisdiction to entertain the present writ petition, being WPA 21559 of 2022, is dismissed.

However, there will be no order as to costs.

Since no affidavits have been invited in the present writ petition, all the allegations contained therein are deemed not to have been admitted by the parties.

It is made clear that this Court has not gone into the merits of the petitioner's claim and the petitioner may choose to file any proceeding before the appropriate forum on the self-same cause of action, if so advised.

All parties shall act on the server copies of this order duly downloaded from the official website of this Hon'ble Court.

Urgent photostat certified copies of this order, if applied for, be supplied to the parties upon compliance of all necessary formalities.

(Lapita Banerji, J.)