IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15126 of 2005 ANITA DEVI, wife of late Mritunjay Kumar, resident of village Sabalpur, Pachrukhi Tola, P.O. + P.S. Sonepur, District Saran at Chapra … Petitioner Versus 1. THE UNION GOVERNMENT OF INDIA, through its Commanding Officer, Mangalore 2. The A.S.C. Records Superintendent, Mangalore 3. The Major for Officer Incharge Records, Bangalore … Respondents ----------- 4. 1.4.2011 Heard Mr. Dinu Kumar, learned counsel for the petitioner and Mr. Vinay Kumar Pandey, learned counsel appearing on behalf of the respondents. A preliminary objection was raised by Mr. Pandey as with regard to maintainability of the writ application on two grounds: (a) The husband of the petitioner whose death in harness has been made the basis for appointment on compassionate ground by the petitioner was posted at Banglore and therefore, no part of cause of action has arisen within the territorial jurisdiction of this Court. (b) In view of the provisions made in the Armed Forces Tribunal Act, 2007 this writ application has to be transferred to the Armed Forces Tribunal. 2 While this Court would easily accept the submission of the learned counsel for the respondents as with regard to transfer of this writ application to the Armed Forces Tribunal in view of section 34 of the Armed Forces Tribunal Act, 2007, it would not accept the other part of the preliminary objection, inasmuch as when the petitioner had filed an application seeking appointment on compassionate ground after the death of her husband, the authority himself had communicated to the petitioner at her address in Sonepur at Chapra vide Annexures 5, 6 and 7, being various communications on the subject at her Sonepur (Chapra) address which is well within the territorial jurisdiction of this Court. It has to be also noted that the cause of action of compassionate appointment of the petitioner had arisen only after the death of her husband and since she is also receiving payment from the army authorities at Sonepur, Chapra, it would be difficult for this Court to non-suit her on the ground of territorial jurisdiction. That being so, this application is 3 transferred to the Armed Forces Tribunal at Kolkata. Let the Registry do the needful for transmitting the records of this case by keeping the shadow file in this Court. With the aforementioned observation and direction, this writ application, so far this Court is concerned, stands disposed of. (Mihir Kumar Jha,J.) Surendra/