1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.2601 of 1997 EX SAPPER SANTOSH ONKARRAO POTBHARE No. 1584556, Aged 23 years, Occ. nil r/O. Aurangabad. Petitioner Versus 1] Government of India through Secretary Ministry of Defence, New Delhi. 2] Chief of Army Army Headquarters New Delhi. 3] Major, Senior Records Officer CIC Records, Abhilekh Karyalaya Bombay Engineering Group Kirkee, Pune 411 003. 4] CCDA G-3/V Section Allahabad (UP). Respondents Mr. S.B. Talekar, Advocate for the petitioner. Mr. Alok Sharma, Assistant Solicitor General for the respondents. CORAM : B.R. GAVAI & S.V. GANGAPURWALA,JJ. DATE : 24TH JUNE, 2010. ORAL JUDGMENT [ PER S.V. GANGAPURWALA, J.] : 2 1] By way of present petition, the petitioner challenges the order dated 28th April, 1995, thereby refusing grant of disability pension to the petitioner. 2] Shri Talekar, learned counsel appearing on behalf of the petitioner submits that when the petitioner was admitted in the army he was thoroughly examined by the Medical Experts and at that time it was not found that the petitioner was suffering from Schizophrenia . It is submitted that it is only on account of the factors attributable to his job in the army, he had acquired the said disease and as such, he was entitled to the disability pension. 3] Shri Sharma, the learned Assistant Solicitor General on the contrary submits that the Medical Board had examined and found that the disease schizophrenia was not attributable to the factors concerned with his duties in the army. He relies on the judgment of the Apex Court in the matter of “ Secretary, Ministry of Defence and others Vs. Damodaran A.V. (Dead) through Lrs and others”. The Apex Court has held that when the opinion of the Medical Board certifying that the disease cannot be attributable to the military service and as the said opinion was not challenged by the workman, the High Court was not justified in interfering with the Experts opinion and directing the disability pension to be paid to the workman. In the said judgment, the Apex Court had reversed the order passed by the learned Single Judge and the Division Bench of the Kerala High Court, which had held that the claimants therein were entitled to disability pension. A similar view has been taken in 3 the case of “Union of India Vs. Keshar Singh”. 4] In the present case, the petitioner has not challenged the report of the Medical Board and as such, it has attained finality. The present case is squarely covered by the Apex Court judgment cited supra. The petition being without any merit, the same is dismissed. [S.V. GANGAPURWALA,J.] [B.R. GAVAI,J.] grt/wp