Umesh Kumar Sharma vs State Of U.P. And Ors. on 23 April, 2002

Allahabad High Court
Umesh Kumar Sharma vs State Of U.P. And Ors. on 23 April, 2002
Equivalent citations: 2002 (3) AWC 1928, 2002 (94) FLR 942, (2002) 2 UPLBEC 1479
Bench: M Katju, R Tiwari


M. Katju and Rakesh Tiwari, JJ.

1. Heard the learned counsel for the parties.

2. The petitioner was an employee in Nagar Nigam, Ghaziabad and his services were terminated on 7.3.1987, against which he filed Writ Petition No. 5879 of 1987, which was dismissed on 25.9.1997, by a learned single Judge. Against this Judgment he filed Special Appeal No. 853 of 1997, which was also dismissed by a Division Bench of this Court on 18.11.1998.

3. Thereafter, it appears that the petitioner made a representation to the State Government to give ad hoc
appointment. The said representation was rejected on 27.1.1999. Then it appears that the petitioner filed Writ Petition No. 1534 (SS) of 1999 before the Lucknow Bench of this Court. An interim order was passed by the Lucknow Bench vide Annexure-1 to the writ petition on 27.11.2000 that if the Nagar Nigam, Ghaziabad is making ad hoc appointment on the post of Tax/Revenue Inspector and there are vacancies, then the case of the petitioner shall also be considered. We have been informed that this writ petition is still pending before the Lucknow Bench. In our opinion. Writ Petition No. 1534 (SS) of 1999 was not cognizable before the Lucknow Bench at all because no part of the cause of action arose in Avadh area i.e., within jurisdiction of Lucknow Bench, since the petitioner was an employee in Nagar Ntgam, Ghaziabad, which falls within the jurisdiction of the Allahabad Bench and not Lucknow Bench of this Court. Merely making a representation to the State Government or some other authority at Lucknow, does not create any Jurisdiction of the Lucknow Bench, whether that application is pending or has been decided by the authority at Lucknow. If a contrary view is taken, then all writ petitions can be filed before the Lucknow Bench by simply making a representation against any order passed in a non-Awadh area and then claiming that jurisdiction has been created In the Lucknow Bench. This is a wrong view and is contrary to the decision of the Hon’ble Supreme Court in Nasimddin v. State of U. P., AIR 1976 SC and it is also contrary to our order in Writ Petition No. 1534 (SS) of 2000, passed on 27.11.2000. It is only an attempt to create jurisdiction in the Lucknow Bench artificially.

4. We feel it necessary to pass this order as It has been brought to out knowledge that often the jurisdiction of Awadh Bench is sought to be created artificially by merely making a representation against any impugned order passed at Allahabad, Varanasl, Kanpur, Aligarh, Meerut etc., which are not within the Awadh area. We deprecate this practice of
seeking to create artificial jurisdiction in the Lucknow Bench. These tactics have to be stopped.

5. We are shocked that although the service of the petitioner was terminated as far back as in the year 1987, he is still in possession of the official accommodation in District Ghaziabad, which was given to him as part of his service in the Nagar Nigam, Ghaziabad. A large number of cases have come up before us where the employees, who retired from service or have been transferred to any other place or whose service has come to a end, continue to retain the official accommodation even after their service came to an end or they were transferred to another place or whose service has come to an end, which is wholly Illegal and has to be deprecated. If this kind of practice is accepted, then the successor to such employee will have no place to live in.

6. Hence, while dismissing the writ petition, we direct that the petitioner must vacate the official accommodation within a week from today failing which he will be evicted by police force. Petition dismissed. Let a copy of this order be sent by the Registrar General of this Court to the Registrar at Lucknow.

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