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2009 Supreme(UK) 638

V.K.BIST
EX. SEPOY VIPIN KUMAR – Appellant
Versus
UNION OF INDIA – Respondent


Advocates:
For the Petitioner:Mr. Lalit Kumar, Advocate
For the Respondents: Smt. Anjali Bhargava, Standing Counsel

JUDGMENT

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

























































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