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TMI Blog2022 (11) TMI 1486X X X X Extracts X X X X X X X X Extracts X X X X ..... -2015 (4 months) and also claiming the long term services reward momento with compound interest thereon. In the said writ petition, a statement of preliminary objection dated 22.8.2022 was filed on behalf of the second respondent contending that this Court has no territorial jurisdiction to consider the the petition. The petitioner had filed a reply affidavit to the preliminary objection filed on behalf of the second respondent. 2. The learned single Judge by the order impugned found that the claim with regard to the release of amounts had been specifically declined by Ext.P3 communication and that the claim itself was with regard to his employment with the second respondent at New Delhi and the rejection by Ext.P3 was also communicated to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... td. v. Union of India and another [(2004) 6 SCC 254] as well as the judgment of the Full Bench of this Court in The Registrar v. K.G.Viswanathan (ILR 2014 (4) Kerala 76] to support his contention. 5. We have heard the learned counsel on either side and perused the records. 6. We notice that the decision of the respondent to withhold the incentives now claimed by the petitioner was communicated to him on 25.09.2014 while he was at New Delhi and he was residing at the Corporation's accommodation in New Delhi till 25.11.2014, after his superannuation on 31.7.2014. The notice seeking his explanation was also served on 31.7.2014 and the petitioner had availed all the post retirement facilities from New Delhi. The withholding of the claims ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in that case had clearly admitted that a part of the cause of action arose within the territorial jurisdiction of the Patna High Court, but the objection was on the principle of forum conveniens and therefore the writ petition could not have been entertained at Patna and ought to have been prosecuted in Jharkhand High Court. In such a case where admittedly part of the cause of action arose within the territorial jurisdiction, then the jurisdiction, of that court cannot be held to be barred. It is apart from the said fact that the Supreme Court held that the stoppage of pension which was being drawn at his native place Dharbhanga for several years did give a cause of action for filing a writ petition in the Patna High Court. On these facts t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 629 (FB)], and clearly finding the distinction between 'a right of action' and a 'cause of action', the said plea of the litigant that he can maintain a writ petition before this Court was rejected. 9. A Full Bench of this Court in the decision reported in K.G.Viswanathan (supra) also surveyed most of the earlier decisions of the Supreme Court and held that in cases where no part of the cause of action arises, cases cannot be filed within the territorial jurisdiction of this court. With respect to the decision in Nawal Kishore Sharma (supra) cited on behalf of the appellant, the Supreme Court, on the principles of acquiescence held that the respondents had participated in the writ proceedings without raising objection as to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erms are not synonymous or interchangeable. A right of action is the right to presently enforce a cause of action - a remedial right affording redress for the infringement of legal right belonging to some definite person, a cause of action is the operative facts which give rise to such right of action. Right of action does not arise until the performance of conditions precedent to the action and may be taken away by the running of the statute of limitation, through an estoppel, or by other circumstances which do not affect the cause of action. There may be several rights of action and one cause of action and rights may accrue at different times from the same cause." The judgments cited on behalf of the appellant all are clearly distinguish ..... X X X X Extracts X X X X X X X X Extracts X X X X
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