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2004 DIGILAW 838 (RAJ)

Paras Mal Daga v. U. O. I.

2004-05-25

K.C.SHARMA, S.K.KESHOTE

body2004
JUDGMENT 1. - Heard learned counsel for the parties on the admission of the matter. 2. Admit. Since the respondents are duly represented by their respective Advocates, with the consent of the learned counsel for the parties, the appeal is taken up for final hearing. 3. The matter pertains to the claim of a senior citizen re the Swatantrata Sainani Samman Pension. 4. Heard learned counsel for the parties on the merits of the matter and perused the entire record of the writ petition and special appeal. 5. The petitioner appellant Mr. Paras Mal Daga has made the grievance against part of the judgment of the learned Single Judge whereby he ordered for the payment of the amount of Swatantrata Sainani Samman Pension in his favour from 28.1.2002, the date of filing of the writ petition, along with the interest at the rate of 12% per annum. 6. The learned counsel for the respondent No. 1 Union of India submitted that it is the discretion of the learned Single Judge from which date the order is to be made effective and therein the interference in special appeal may not be made. 7. The second contention of the learned counsel for the respondent No. 1 is that awarding of interest at the rate of 12% per annum is towards the higher side. 8. We have given our thoughtful and anxious consideration to these two contentions raised by the learned counsel for the respondent No. 1. 9. The fault does not lie with the petitioner appellant, in case the matter is not decided timely by the Union Government or by the Court. The delay is not attributable to the petitioner appellant. Once the court has accepted his claim and held entitled him for Swatantrata Sainani Samman Pension it is to relate back from the date' on which he made the claim therefor. The learned Single Judge in the order has not given out any ground or reason not to accept the prayer of the petitioner appellant of grant of the benefits of the Swatantrata Sainani Samman Pension from the date on which he made the claim therefor. However, we find force in the contention of the learned counsel for the respondent No. 1 Union of India that awarding of interest at the rate of 12% per annum is towards the higher side. 10. Thus this special appeal succeeds in part. However, we find force in the contention of the learned counsel for the respondent No. 1 Union of India that awarding of interest at the rate of 12% per annum is towards the higher side. 10. Thus this special appeal succeeds in part. The order dated 26.8.2002 of the learned Single Judge in S.B. Civil Writ Petition No. 965/2002, to the extent it relates to grant of benefits of Swatantrata Sainani Samman Pension to the petitioner appellant from 28.1.2002 is quashed and set aside and it is declared that he shall be entitled for these benefits from the date of the receipt of his application for grant of the same by the respondent No. 1 Union of India. On these benefits the petitioner appellant shall also be entitled for the interest at the rate of 9% per annum from that date to the date of payment thereof. 11. The appeal accordingly stands disposed of. There shall be no order as to costs.Appeal Disposed of As Above. *******