ASHOK BHUSHAN, J. - (1.) Leave granted.
(2.) This appeal has been filed questioning the Division Bench judgment of Patna High Court in Letters Patent Appeal No.1265 of 2017 dismissing the Letters Patent Appeal of the appellant. Letters Patent Appeal was filed against the judgment of learned Single Judge dated 04.08.2017 by which Writ Petition No.5999 of 2014 filed by her late husband in which she was substituted after death of her husband was dismissed by learned Single Judge on the ground of lack of territorial jurisdiction.
(3.) Brief facts of the case for deciding this appeal are: 3.1 The husband of the appellant Shri Bashishtha Narayan Mishra was employed in Coal India Limited. He was working at Moira Colliery, Bankola Area, District Burdwan, West Bengal. Ministry of Coal, Government of India in exercise of power under Section 3E of Coal Mines Provident Fund and Miscellaneous Provisions Act, 1948 and in supersession of the Coal Mines Family Pension Scheme, 1971 notified a Family Coal Mines Pension Scheme, 1998 dated 05.03.1998. Late husband of the appellant did not opt for the pension Scheme notified under Notification dated 05.03.1998. 3.2 By Notification dated 09.01.2002 Coal Mines Pension Scheme, 1998 was amended by inserting paragraph 2A in the Scheme providing that an employee, who had not opted for the Coal Mines Family Pension Scheme, 1971 but is covered by the Provident Fund Scheme may opt for pension within a period of nine months. After the Notification dated 09.01.2002, the same was circulated by Eastern Coal Fields Limited to all Regional Commissioners/ Assistant Commissioners. 3.3 The husband of the appellant in pursuance of the Notification dated 09.01.2002 submitted the option opting for Pension Scheme, which option was forwarded to the Sr. Personnel Officers by Manager, Moira Colliery by letter dated 18.11.2003 requesting for transfer of Rs.1, 38,164/- from provident fund account of B.N. Mishra to his pension fund. By further letter dated 20.11.2003 of Regional Commissioner, it was informed that amount of Rs.48,467/- has been adjusted under para 4(2) of Scheme, 1998. Late B.N. Mishra was to retire on 30.04.2005. His papers for settlement of pension were forwarded to The Regional Commissioner-1, Coal Mines Provident Fund, Asansol. By letter dated 30.11.2005 written by Regional Commissioner, Coal Mines Provident Fund, Region-1, Asansol, the late husband of the appellant was asked to deposit the amount of Rs.39,198/- towards recovery of pension contribution. The pension was sanctioned to Shri Mishra after about 14 months from retirement, thereafter, he started receiving pension w.e.f. May, 2005. 3.4 Late Shri B.N. Mishra being native of Village Bhuskol, Police Station, Darbhanga, District Darbhanga, he had claimed payment for pension from Darbhanga, State of Bihar. Pension started in account of Late Shri B.N. Mishra with State Bank of India, Darbhanga, State of Bihar. A Writ Petition No. 13955 of 2006 was filed by late Shri B.N. Mishra in Patna High court where he prayed for grant of refund of Rs.1,33,559/-, which was wrongly withheld/ illegally deducted from the writ petitioner. The said writ petition was dismissed on 08.02.2013 on the ground of lack of territorial jurisdiction. Learned Single Judge held that petitioner served in the State of West Bengal under the authorities and organizations which are located either in States of West Bengal or Jharkhand, hence, High Court of Patna had no territorial jurisdiction. 3.5 After dismissal of the above Writ Petition No. 13955 of 2006 on 08.02.2013, late Shri B.N. Mishra filed Writ Petition No. 4930 of 2013 in Jharkhand High Court for the relief which he had claimed in the Writ Petition No.13955 of 2006 before Patna High Court. When notice of the writ petition filed by late Shri B.N. Mishra in Jharkhand High Court was received by office of Regional Provident Fund Commissioner, Asansol, a letter dated 07.10.2013 was issued to the husband of the appellant at his place of residence, i.e., Village Bhuskol, Police Station Darbhanga, District Darbhanga, State of Bihar stating that Shri B.N. Mishra having not opted initially for pension scheme in pursuance of 1998 notification, he could not have opted for pension in the year 2002. It was stated that Pension of Shri B.N. Mishra was erroneously settled by Regional Commissioner, hence, Rs.8,01,334/- is to be recovered towards pension payment from May, 2005 to September, 2013. 3.6 By further letter dated 06.11.2013 issued by Regional Commissioner, Coal Mines Provident Fund, Region-1, Asansol, he was directed to refund amount of Rs.8,09,268/- and entire pension contribution alongwith interest. He was communicated that it has been decided to stop payment of monthly pension w.e.f. November, 2013. After receipt of the letter dated 07.10.2013, Shri B.N. Mishra sent a reply on 07.11.2013 stating that letter dated 07.10.2013 has been issued due to personal bias arising due to punitive action taken by appropriate authorities against Regional Commissioner, Region-1, Asansol on a petition filed by Shri B.N. Mishra under the Right to Information Act, 2005. Petitioner sent representations to Secretary, Ministry of Coal and Commission. 3.7 A Writ Petition No. 5999 of 2014 was filed by late Shri B.N. Mishra in Patna High Court where he challenged the letter dated 07.10.2013 and 06.11.2013 and also sought direction for payment of pension to the petitioner with interest. The writ petition came for hearing before learned Single Judge on 04.08.2017. Learned Single Judge noticed the earlier order of the High Court dated 08.02.2013 by which his earlier Writ Petition No.13955 of 2006 was dismissed on the ground of lack of territorial jurisdiction. Learned Single Judge observed that on similar facts, the said writ petition having been dismissed on 08.02.2013 on the ground of lack of territorial jurisdiction and writ petition having been filed by petitioner before the Jharkhand High Court, which is pending, the order of stoppage of pension is part of retirement benefit, hence, the writ petition is dismissed on the ground of lack of territorial jurisdiction. A LPA No.1265 of2017 was filed against the judgment of learned Single Judge dated 04.08.2017. During the pendency of writ petition, Shri B.N. Mishra died and his wife Shanti Devi was substituted as writ petitioner. LPA was filed before the Division Bench against the judgment of learned Single Judge, which has been dismissed by the impugned judgment, aggrieved by which order, this appeal has been filed. ;