UNION OF INDIA Vs. SINGESHWAR SINGH

JUDGEMENT

(1.) After having heard learned Counsel appearing for the parties and considering the facts and circumstances, the delay of 125 days is condoned as there was sufficient cause in not filing the appeal within the period of limitation. Hence, the application is allowed. Rule is made absolute. No cost.

(2.) After having heard learned Counsel appearing for the parties and considering the facts and circumstances and the ultimate conclusion reached at by the learned Single Judge in the impugned judgment dated 9-11-2005 in CWJC. No. 3906 of 2001, as well as, the settled proposition of law, we are of the opinion that such a frivolous Letters Patent Appeal should not have been filed by the Union of India against the freedom fighter, who has been struggling for the rights arising out of the policy of the Central Government.

(3.) The only proposition, which is advanced is that the Union of India has already written to the State Government for the clarification as to whether the original petitioner - respondent No. 1 herein was in prison in connection with freedom fight during the period 1943-45 or not and since no reply or no clarification is received by the appellant Union of India, the resultant effect is the rejection of the claim of the original petitioner-respondent No. 1 for the grant of Freedom Fighter Pension. It is in this context, the last paragraph of the impugned judgment, which is very vital, is re-produced with profit :