On 18.6.2010, when the appellant reported sickness i.e. companygh, abdominal pain, swelling in leg and difficulty in breathing, he was sent for medical treatment ashore at Adani, Mundra Port.
However, at the time of hearing, respondents raised the question of maintainability of the writ petition on the ground that numbercause of action or even a fraction of cause of action arose within the territorial jurisdiction of the Patna High Court and companytended that the appellant was appointed by the Corporation on the post of Seaman for off shore services and he discharged his duty outside the territory of the State of Bihar.
On the disability companypensation claim, Respondent number2 Corporation companymunicated vide letter dated 7.10.2011 that since the appellant was declared unfit for sea service due to heart problem organic ailment he will be entitled to receive severance companypensation of Rs.2,75,000/ , which was although offered, but number accepted by the appellant.
Consequently, the Shipping Department of the Government of India, Mumbai issued order dated 12.4.2011 cancelling registration of the appellant as a Seaman.
The Medical Officer ashore advised him for admission in the Hospital and accordingly he was signed off for further medical treatment.
By filing a writ petition, the appellant approached Patna High Court under Article 226 of the Constitution of India for grant of various reliefs including 100 disability companypensation and pecuniary damages.
It was also informed that he is number entitled to receive disability companypensation, which becomes payable only in case a seaman becomes incapacitated as a result of the injury.
Indisputably, the appellant reported sickness on account of various ailments including difficulty in breathing.
Hence, the present appeal by special leave.
We have perused the facts pleaded in the writ petition and the documents relied upon by the appellant.
It is companytended by the appellant that after he settled at his native place Gaya, Bihar, he sent several letters representations from there to the respondents for his financial claims as per statutory provisions and terms of companytract.
It is the case of the respondent that the order declaring the appellant permanently unfit as well as the letter order dated 7.10.2011 was passed by an authority of the respondent Corporation at Mumbai.
Y. EQBAL, J. Leave granted.
Thereafter, he was companysidered permanently unfit for sea service due to dilated cardiomyopathy heart muscle disease as per certificate dated 18.3.2011 issued by Corporations Assistant Medical Officer.
Aggrieved by the judgment and order dated 16.4.2013 passed by learned Single Judge of Patna High Court dismissing appellants writ petition for want of territorial jurisdiction, this appeal by special leave has been preferred by the appellant, who in November, 1988 had joined the off shore Department of the Shipping Corporation of India in short, the Corporation and after about eight years he was transferred from the off shore duty to a main fleet in the Foreign Going Department.
It is the case of the appellant that he was found medically fit in the medical test companyducted by the Marine Medical Services in February, 2009 and thereafter, on 29.9.2009, an agreement known as the articles of agreement for employment of seafarers was executed for appellants off shore duty.
