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2008 Supreme(Raj) 886

MOHAMMAD RAFIQ
V. K. Sarda, Vr. C. (Brigadier Retd. ) – Appellant
Versus
Union of India – Respondent


Advocates Appeared
Shyam Singh, for Petitioner;
Kamlakar Sharma, for Respondents.

Judgment

Hon'ble RAFIQ, J.—Brigadier (Retd.) V.K. Sarda, recipient of Veer Chakra, has approached this Court with the prayer that a mandamus be issued to the respondents to grant him disability pension with effect from 1.3.1997 and the letters dated 14.7.1998, 7.6.2000 and 9.5.2002 refusing to grant his disability pension, be set aside and the respondents be pension alongwith interest at the rate of 24% per annum.

(2). The petitioner joined National Defence Academy on 1.1.1959 and was granted Commission on 11.12.1962 in the rank of Second Lieutenant in medical category-A. He was promoted to the Rank of Lieutenant, Captain, Major, Lieutenant Colonel, Colonel and Brigadier. During his service tenure, petitioner served both in the field and operational areas. He participated in Indo-Pak conflicts of 1965 and 1971. He was for his services rendered to the nation decorated with Poorvi Star, Paschimi Star, Raksha Medal, Sainya Seval with clasps Jammu and Kashmir & West Bengal, Ucchan Tunga Medal, 25th Independence Anniversary Medal, and 9, 20 and 30 years long service Medals. He was also decorated with the prestigious Veer Chakra for displaying gallantry, leadership and devotion to duty of














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