JUDGMENT

C.K. Prasad, J. —

1.Union of India and its functionaries, aggrieved by the order dated 28th November, 2003 passed by the Division Bench of the Rajasthan High Court (Jaipur Bench) in DB Civil Special Appeal No.1461 of 1997, have preferred this appeal by special leave of the Court.

2.Shorn of unnecessary details, facts giving rise to this appeal are that the writ petitioner-respondent, Lt.Col.Ajay Wahi (hereinafter referred to as the ‘writ petitioner’) was commissioned in the Army Medical Corps on 27th February, 1977. While in service and holding the rank of Major he was admitted to Command Hospital on 3rd October, 1988 for management and treatment of Bronchial Asthma and low back ache. Medical Board proceeding dated 6th October, 1988 does not indicate that the disability i.e. Bronchial Asthma or low back ache was directly attributable to military service. However, the Medical Board certified that it is aggravated by stress and strain of exposure to hostile terrain and weather. The writ petitioner was later on examined on 9 th June, 1990 by Col. T.R.S. Bedi, Senior Adviser of Base Hospital who recommended for his posting at dry temperate climate area and not at high altitude. W