1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 5283 OF 1998 Ramesh S/o Punjaji Borde .... PETITIONER VERSUS The Union of India & Oths. .... RESPONDENTS -------------------------------------------------------------------------------------------------------- Mr. A.D.Sugdare, Advocate holding for Mr. petitioner. Mr. Alok Sharma, Standing Counsel for respondent no. 1. -------------------------------------------------------------------------------------------------------- CORAM : B.R. GAVAI AND S.V. GANGAPURWALA, JJ. DATE: 09/08/2010 ORAL ORDER : 1. By way of petition, the petitioner claims writ of mandamus directing respondent no. 2 to grant disability pension. 2. The petitioner had entered the Arms Services on 12/3/1986. The petitioner was thereafter hospitalized on 10/12/1991 and was continuously undergoing some treatment. He was examined by the Medical Board on 28/4/1993 and was found suffering from Reginitis 2 Plgmen Tosa both eye - 362 and as such declared unfit for sendentary light . The petitioner submits that the disability, which he suffered was attributable to the Military service and, therefore, was entitled for military pension. 3. The experts of the Medical Board have found that the disability, which the petitioner had suffered, was not attributable to his services. In an identical case, the Apex Court in the case of Union of India V/s Surinder Singh Rathore reported in 2008 - EQ (SC)-0-495 had reversed the Judgment of the High Court granting disability pension to a person who was suffering from ' Maculopathy (Rt) eye '. 4. In that view of the matter, no merit is found in the petition. The petition is disposed off. Rule is discharged. [ S.V. GANGAPURWALA ] [ B.R. GAVAI ] JUDGE JUDGE knp/ WP 5283.98