Govind Mathur, J.-By an order dated 26.05.2000 passed by Adjutant Generals Branch, Army Headquarters, New Delhi petitioners claim to disability pension was rejected on the count that diseases recorded in release medical board held at the time of petitioners release from services had been found to be neither attributable to nor aggravated by the military services.

2. The petitioner gave a challenge to the order dated 26.05.2000 by way of filing an appeal before the competent appellate authority. By communication dated 19.06.2001 it was communicated to the petitioner that the appellate committee after considering the appeal rejected the same by holding that the disease on account of which the petitioner was invalided out of service are constitutional disorders. Hence, this writ petition is preferred by the petitioner.

3. A reply to the writ petition has been filed on behalf of the respondents. It is stated in reply to the writ petition that the disease because of which the petitioner was invalided out from service neither attributable to nor aggravated due to military service and the disease are of constitutional nature, therefore, the petitioner is not entitled for disabili