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2002 Supreme(All) 2
IN THE HIGH COURT OF ALLAHABAD
M. Katju and S. K. Singh, JJ.
LT. COL. (T. S.) PANCH NAND RAI - Appellant
Versus
UNION OF INDIA - Respondents
C. M. W. P. 22002 Of 1997
Decided On : 01/02/2002
S.K.Rai, Suneel Rai, U.N.Sharma
The importance of expert medical opinion in determining the cause of illness in disability pension cases.
Headnote:
Disability Pension - Military Service - The court held that the petitioner's illness was not due to military service based on medical examination and expert opinion of the Medical Board. The judgment distinguished a previous case where there was no material showing the illness was not due to military service and no expert opinion of the Medical Board.
Fact of the Case:
The petitioner, a former Army serviceman, claimed disability pension due to bronchial Asthama, hyper-tension, and obesity developed during his service. His claim was rejected, and his appeal was also dismissed.
Finding of the Court:
The court found that the petitioner's illness was not due to military service based on medical examination and expert opinion of the Medical Board. It held that the question of whether the illness was due to military service was a question of fact and not within the writ jurisdiction.
Issues: The main issue was whether the petitioner's illness was due to military service or not.
Ratio Decidendi: The court emphasized the importance of expert medical opinion and distinguished a previous case where there was no material showing the illness was not due to military service and no expert opinion of the Medical Board.
Final Decision: The petition was dismissed as it was not a fit case for interference under Article 226 of the Constitution.
( 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 petitioners 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.
( 4 ) LEARNED counsel for the petitioner relied on a Division Bench decision of this Court in jagdamba Prasad Dubey v. Union of India, 1999 ALJ 2355. In our opinion, this judgment is distinguishable because in paragraph 11 of the same, it has been stated that there is no material placed before the Court showing that the petitioners illness was not occurred due to military service and there was no expert opinion of the Medical Board. In the present case, a counter-affidavit has been filed. In the counter-affidavit, the medical report of the Medical Board has been annexed. In paragraph 4 of the counter-affidavit, it is stated that the bronchial Asthama was detected in 1982 and thereafter he served only in peace stations under sheltered appointments. In paragraph 6 of the counter-affidavit, it is stated the petitioners obesity is due to indiscriminate eating.
( 5 ) THIS is not a fit case for interference under Article 226 of the Constitution. The petition is dismissed.
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