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2014 (10) TMI 1074 - HC - Indian LawsDirection to appellant to allow him to join duty as Professor (Management) - HELD THAT:- The conclusion is irresistible, that the principles laid down in SELVIN ABRAHAM VERSUS PUNJAB & SIND BANK [2013 (6) TMI 928 - KERALA HIGH COURT] are contrary, not only to the Full Bench judgment in NAIK NAKUL DEO SINGH VERSUS THE DEPUTY COMMANDANT, C.I.S.F. AND ORS. [1999 (8) TMI 1022 - KERALA HIGH COURT] but also to the Apex Court judgments referred to. As a result, Selvin Abraham does not laid down good law and therefore, is overruled. There are no averment in the writ petitions where the petitioners have raised any plea as to how the Kerala High Court has territorial jurisdiction over the cause of action which led them to file the writ petitions. Instead, counsel wanted us to infer from the above pleading that an integral part the cause of action arose within the jurisdiction of this Court. However, if the facts which noticed above are evaluated in the light of the law laid down in Nakul Deo Singh and the Apex Court judgments, the only conclusion that is possible is that no part of the cause of action, much less any integral part of the cause of action, has arisen within the territorial jurisdiction of this Court justifying the entertainment of these writ petitions. The Division Bench judgment in Selvin Abraham v. Punjab & Sind Bank is overruled - petition dismissed.
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