judgment

Dr. Arijit Pasayat, J. —

1.Leave granted.

2.Challenge in this appeal is to the judgment of a Division Bench of the Rajasthan High Court, Jodhpur Bench, dismissing the Civil Special Appeal (writ) filed by the appellants.

3.Background facts in a nutshell are as follows :

Respondent was employed as a Signal Man in the army on 5.1.1985. Sometime in October, 1991, he was admitted to the Military Hospital, Jodhpur for treatment of a disease called ‘Maculopathy (RT) Eye’. Subsequently he was referred to the Command Hospital in Pune for treatment and was later reverted back to the unit for normal duties with employability restrictions. The respondent continued to complain of diminished vision and was re-admitted to the Military Hospital, Jodhpur. Since he was not responding to the treatment, he was referred to the Release Medical Board.

On 1.5.1993, said Board completed the said investigation and recommended that the respondent be released from service in medical category and CEE (permanent) which is lower than the category “AYE” due to the aforesaid disease. The disability of the respondent was assessed as 30% for two years and considered as neither attributable to nor aggravated by m