M. Katju and S.K. Singh, JJ. - (1.) Heard learned counsel for the petitioner and Sri S.K. Rai for the respondents.
(2.) The petitioner was in Army service having joined in 1963. He was posted at various places Including hill areas. Subsequently, he developed bronchial Asthama. hyper-tension and obesity and he was discharged from the Army. By order dated 23.11.1994, his claim for disability pension has been rejected and by order dated 14.11.1996, Annexure-3 to the writ petition, his appeal has also been rejected. Hence this petition.
(3.) The short question in this case is whether the petitioner's illness was due to military service or otherwise. A perusal of Annexure-3 to the writ petition shows that on medical examination of the petitioner, it was found that the illness was not due to military service. In fact, the Illness occurred in 1984 when the petitioner was posted in peace area. The question whether the illness was due to military service or not is basically a question of fact and hence, we cannot interfere in writ jurisdiction.;