IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 3RD AUGUST 2011 / 12TH SRAVANA 1933 WP(C).No. 16184 of 2005(B) ------------------------------------- PETITIONER(S): ------------------------- N. SURENDRAN, SURENDRA SADANAM, KIZHAKKETHERUVU, KOTTARAKKARA, QUILON. RETD.ASSISTANT MANAGER (GENL)RETIRED (FLL) DISTRICT OFFICE, TITILAGARH. BY SRI.P.SANTHALINGAM, SENIOR ADVOCATE BY ADV. SMT.K.USHA RESPONDENT(S): ------------------------- 1. ZONAL MANAGER (EAST) FOOD CORPORATION OF INDIA, 10 A-MIDDLETON ROW KOLKATA-71. 2. SENIOR REGIONAL MANAGER, FOOD CORPORATION OF INDIA, KHADYA BHAWAN, VANIVIHAR, BHUBANESWAR-751 004. 3. DISTRICT MANAGER, WOOD CORPORATION OF INDIA, TITILAGARH, BOLANGIR, ORISSA. R1 TO R3 BY ADV. SRI.T.P.M.IBRAHIM KHAN, SC, FCI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss WP(C) NO.16184/2005 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE REPRESENTATION DTD. 11.3.2002 SUBMITTED BY THE PETITIONER TO THE FIRST RESPONDENT. P2:- COPY OF THE LETTER NO.ESTT. 17(ADDL. INCR./IDA/97-02 DTD. 3.7.2002 ISSUED BY 2ND RESPONDENT TO THE DISTRICT MANAGER, FCI JEYPORE (KORAPUT). P3:- COPY OF THE LAWYERS NOTICE DTD. 13.1.2004 ISSUED BY PRADEEP KU. MISHRA, ADVOCATE, TITILAGARH TO THE FIRST RESPONDENT. P4:- COPY OF THE LETTER NO.ESTT/ 1(51)/2003 DTD. 11.2.2004 ISSUED BY THE FIRST RESPONDENT TO THE ADVOCATE SHRI.PRADEEP K.R. MISHRA. P5:- COPY OF THE RELEVANT EXTRACT OF THE PAGE IN THE SERVICE BOOK. P6:- COPY OF THE ORDER NO.ESTT. 14/VRS/ORISSA/2004/CAT-II DTD. 24.9.2004 ISSUED BY FIRST RESPONDENT. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.A. TO JUDGE tss S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.16184 of 2005 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of August, 2011 J U D G M E N T While the petitioner was working in the State of Orissa in the office of the Food Corporation of India, the petitioner was promoted and posted as Assistant Manager (General). According to the petitioner, on account of the said promotion, the petitioner became entitled to get two additional increments. The petitioner was not paid those increments. The petitioner submits that although there was a vigilance case pending, the petitioner opted for voluntary retirement which was accepted by the respondents and the petitioner was allowed to retire voluntarily. Still two additional increments were not paid to the petitioner. The petitioner therefore seeks the following reliefs: “a) call for the records connected with the case; b) direct the 1st respondent to grant two increments to the petitioner;” The respondents in their counter affidavit took a contention that this writ petition is not maintainable in this Court insofar as this Court has no territorial jurisdiction to deal W.P.(C)No.16184 of 2005 -2- with the subject matter. According to them, no part of the cause of action has arisen in the State of Kerala and the entire cause of action arose in the Orissa State. After hearing, I am inclined to agree with the respondents. In fact all the respondents in the writ petition are officers of the Food Corporation of India stationed at Calcutta, Bhubaneswar, and Orissa. The petitioner has not stated anywhere in the writ petition that, any part of the cause of action has arisen in Kerala. Therefore, I hold that this Court has no territorial jurisdiction to deal with the subject matter raised in this writ petition. In the above circumstances, this writ petition is dismissed without prejudice to the right of the petitioner to take up his case before the appropriate court having jurisdiction. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/