UNION OF INDIA Vs. RAM BAHADUR SINGH

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THE appeal is barred by limitation. After perusal of the grounds mentioned in the limitation petition and after hearing the learned counsel for the parties we are satisfied that sufficient grounds have been made for condonation of delay. The delay in filing the appeal is, accordingly, condoned.

(3.) THE learnec Single Judge allowed the claim of the respondent relying upon the decision rendered in the case of Mukund Lal Bhandari V/s. The Union of India, reported in A.I.R. 1993 SC 2127. The said judgment was considered by the Supreme Court in several cases and it has been laid down in the said cases that the benefit under the scheme will be given from the date of the application where the finding is given that the concerned person is a real freedom fighter and the law laid down in that case has no application where the freedom fighter pension is given after giving benefit of doubt. In this connection, reference may be made to the judgment of the Supreme Court in the case of Government of India V/s. K.V. Swaminathan reported in (1997) 10 SCC 190 wherein it was held by the Apex Court that in a case where the benefit under the scheme is given on the basis of doubt the claimant is entitle to have freedom fighter pension only from the date of the order and not from the date of the application.