V.K.BIST
EX. SEPOY VIPIN KUMAR – Appellant
Versus
UNION OF INDIA – Respondent
Present petition has been filed by the petitioner for the following reliefs :-
“A) To issue a writ of certiorari to quash the orders dated 10.11.2005 (annexure 10), 28th December, 2006 (annexure 12) and 10th July, 2008 (annexure 14), passed by respondent nos. 3, 2 and 1 respectively, holding the same as illegal and ultra vires of the Pension Regulations for the Army, 1961;
B) To issue a writ, order or direction in the nature of mandamus commanding respondent no. 3 to treat the disability of the petitioner as attributable to the military service and grant him, with effect from 15.01.2005, the disability pension with the disability element at 100%, service element at 2/3rd of the full pension as relevant to petitioner’s rank/grade, and ‘constant attendance allowance’ at the applicable rate and issue the Pension Payment Order (PPO) accordingly, within a peremptory time period to be fixed by the Hon’ble Court in its own wisdom;
C) To award interest at the rate of 18% per annum with effect from 15.01.2005 on the amounts that would become payable to the petitioner, in consequence of grant of the relief prayed for in the preceding prayer;
D) To award the exemplary/adequate c
3. Controller of Defence Accounts vs. S. Balachandran Nair (2005) 13 S.C.C. 128.
12. Union of India vs. Surendra Singh Rathore
16. Union of India vs. Baljit Singh. (1996) 11 S.C.C. 315.
15. Union of India vs. Dheer Singh China (2003) 2 S.C.C. 382.
14. Controller of Defence Accounts vs. S. Bala Chandran Nair
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.