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2020 (11) TMI 1105 - SC - Indian LawsTerritorial jurisdiction to entertain the writ petition - part of cause of action for filing the Writ Petition No. 5999 of 2014 arose within the territorial jurisdiction of Patna High Court or not - Petitioner served in the State of West Bengal under the authorities and organizations which are located either in States of West Bengal or Jharkhand - recovery of pension contribution - HELD THAT:- The part of cause of action has arisen within the territorial jurisdiction of Patna High Court. The deceased Petitioner was continuously receiving pension for the last 08 years in his saving bank account in State Bank of India, Darbhanga. The stoppage of pension of late B.N. Mishra affected him at his native place, he being deprived of the benefit of pension which he was receiving from his employer. The employer requires a retiring employee to indicate the place where he shall receive pension after his retirement. Late Shri B.N. Mishra had opted for receiving his pension in State Bank of India, Darbhanga, State of Bihar, which was his native place, from where he was drawing his pension regularly for the last 08 years, stoppage of pension gave a cause of action, which arose at the place where the Petitioner was continuously receiving the pension. The view of the learned Single Judge as well as the Division Bench holding the writ petition not maintainable on the ground of lack of territorial jurisdiction was completely erroneous and has caused immense hardship to the Petitioner. The Appellant is entitled for an interim order in the writ petition for her sustenance. The Appellant's husband, who had filed the writ petition had died during the pendency of the writ petition. After his death, the Appellant, the widow was substituted. Six years have passed after filing of the writ petition wherein stoppage of pension was questioned. Appellant being the widow is also entitled for pensionary benefit for her sustenance since her husband was receiving pension - during the pendency of the writ petition the Appellant is entitled to be paid provisional pension which shall be subject to final decision in the writ petition - appeal allowed.
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