UNION OF INDIA Vs. VASHIST RAI

JUDGEMENT

(1.) This Special Appeal has been filed with the delay 304 days The delay has been sufficiently explained in paragraphs 5 to 9 of the affidavit of Sri P.K. Kaul, Under Secretary in the Freedom Fighters Division in the Ministry of Home Affairs, New Delhi, supporting the application for condonation of delay. The sanction for filing appeal was allowed on 3.3.2005. The delay condonation application is allowed The Special Appeal was heard.

(2.) We have heard Sri Satish Kumar Rai, for the Appellants. Sri Ramesh Rai appears for the Petitioner-Respondent.

(3.) The Union of India is aggrieved by the judgment of the learned Single Judge dated 26.8.2008, by which he has quashed the order dated 3.10.1978, to stop the freedom fighters pension of the Petitioner Late Sri Vashist Rai -husband of Smt. Maliti Devi, and has directed the Appellant-Respondent to give pension forthwith to his widow month to month, and arrears of pension together with interest at the rate of 9 % per annum.