Ashok Kumar Arora vs State Of U.P. Thru Prin.Secy. ...
2021 Latest Caselaw 10695 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Chief Justice's Court
 

 
Case :- SPECIAL APPEAL No. - 285 of 2021
 

 
Appellant :- Ashok Kumar Arora
 
Respondent :- State Of U.P. Thru Prin.Secy. Housing & Urban Development
 
Counsel for Appellant :- Vipul Shukla,Hemendra Pratap
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Munishwar Nath Bhandari,Acting Chief Justice
 
Hon'ble Suresh Kumar Gupta,J.

By this appeal, a challenge is made to the judgment dated 29.07.2021 by which the writ petition preferred by the petitioner was dismissed holding it to be not maintainable before the High Court at Lucknow.

Learned counsel for the appellant submits that cause of action so as the prayer made against the State Government and more specifically the office located at Lucknow.

In view of the above, the writ petition was maintainable within the territorial jurisdiction of the High Court at Lucknow.

The learned Single Judge dismissed the writ petition only in reference to posting with Ghaziabad Development Authority at Ghaziabad ignoring that the competent authority for promotion is located at Lucknow. It is also stated that competent authority for disciplinary action against the appellant is also at Lucknow. The claim of promotion would also be addressed by the office at Lucknow.

It is further stated that even if a part of cause of action arose within the territorial jurisdiction before the High Court at Lucknow, the writ petition would be maintainable.

Learned C.S.C. has contested the appeal but could not deny the fact that the competent authority for making promotion, as claimed by the appellant, is located at Lucknow.

In view of the above, we find reason to cause interference in the judgment dated 29.07.2021 of the learned Single Judge.The present place of posting alone can not determine the jurisdiction rather it depends bundle of facts to constitute cause of action. The claim for promotion was in reference to the promotions of junior officers. That was the cause of action and arose within the jurisdiction of this Court.

The judgment is, accordingly, set aside. The matter is remanded back to the learned Single Judge for its hearing on merit.

The appeal is allowed and the Writ Petition (Service Single) No. 16047 of 2021 is ordered to be restored.

Order Date :- 19.8.2021

Nirmal_Sinha

(Suresh Kumar Gupta, J.) (Munishwar Nath Bhandari, A.C.J.)