UNION OF INDIA Vs. HARIPADA DAS

JUDGEMENT

(1.) This Mandamus-Appeal is at the instance of the Union of India and is directed against an order dated August 21, 2009 passed by a learned Single Judge of this Court by which His Lordship disposed of a writ-application filed by the respondents by setting aside the order passed by the appellant No. 2 and directing the appellants to grant freedom-fighter-pension to the writ-petitioner under the provisions of Swatantrata Sainik Samman Pension Scheme, 1980 (hereinafter referred to as the SSS Scheme) with effect from the date of his application for obtaining pension i.e. 10th July, 1981 with interest on the arrears amount @10% per annum. The learned Single Judge further awarded costs of Rs. 10,000/- in favour of the writ-petitioner.

(2.) Being dissatisfied, the Union of India and the Under Secretary, Government of India, Ministry of Home Affairs, Freedom Fighters' Division have come up with the present appeal.

(3.) The facts giving rise to filing of the writ-application out of which the present Mandamus-Appeal arises may be summed up thus: