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Patna High Court

Smt. Veena Pandey vs The Union Of India & Ors on 12 March, 2018

Bench: Chief Justice, Rajeev Ranjan Prasad

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                       Letters Patent Appeal No.701 of 2017
                                         In
                   Civil Writ Jurisdiction Case No.9837 of 2014
     ======================================================
     Smt. Veena Pandey W/o late Rama Shankar Pandey resident of mohalla
     Maulabag, Pakari Ara North to Malti Hospital P.S. Ara Nawada District
     Bhojpur (Pin 802301).

                                                               ... ... Appellant/s
                                        Versus
1.   The Union of India through Secretary, Cool Plines Department, Govt. of
     India, New Delhi.
2.   The Additional Secretary, Coal Mines Department, Govt. of India, New Koila
     Bhawan, New Delhi.
3.   The Chairman-cum-Managing Director, South Eastern Coal Field Ltd. P.B.
     No. 60 Sapat Road, Bilaspur Chattisgarh - 495006.
4.   The Chief General Sohagpur Area, P.O. Dhanpuri, P.S. Dhanpuri, District -
     Shahdol (M.P.) - 484114.
5.   The General Manager, South Eastern Coal Fields Ltd. Executive
     Establishment Sapat Road, Bilaspur (M.P.) 495006 (Now in Chhatisgarh).
6.   The Assistant Commissioner-1, Office of Regional Commissioner Coal
     Mines, Provident Fund Organisation, Sakti Nagar, Gupteshwar Jabalpur
     (M.P.) 482001.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Appellant/s    :      Mr. Bhubneshwar Prasad, Advocate
     For the Respondent/s   :
     ======================================================
     CORAM: HONOURABLE THE CHIEF JUSTICE
             and
             HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
                     ORAL JUDGMENT

(Per: HONOURABLE THE CHIEF JUSTICE) Date : 12-03-2018 Delay of 7 days in filing of the appeal is condoned. I.A. No. 4978 of 2017 stands allowed and disposed of.

Husband of the appellant was working in the South Eastern Coal Fields Ltd., Chhatisgarh and the appellant claims service benefit by virtue of the service rendered by her husband in the State of Chhatisgarh.

Patna High Court LPA No.701 of 2017 dt.12-03-2018 2/2 Merely because a communication from the Provident Fund Commissioner was received by the appellant at her residence in the district of Bhojpur at Ara after the retirement of her husband, the Court in Bihar will not have cause of action or territorial jurisdiction to deal with the issue in question. The learned Writ Court has not committed any error in dismissing the writ petition on the ground of want of territorial jurisdiction. The dispute pertains to the service rendered by the husband of the appellant in the State of Chhatisgarh and settlement of his retiral claim which relates to the State of Chhatisgarh.

That being so, we see no error in the order passed by the learned Writ Court warranting reconsideration.

The Letters Patent Appeal stands dismissed.

(Rajendra Menon, CJ) (Rajeev Ranjan Prasad, J) P.K.P./-

AFR/NAFR                N.A.F.R.
CAV DATE                N.A.
Uploading Date          15.03.2018
Transmission Date