IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE NINETEENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 30735 of 1997 Between: Tarunesh Kishor Sahu S/o P.B.Sahu R/o Visakhapatnam district. ..... PETITIONER AND 1 The Union of India Rep.by its Secretary Ministry of Defence, Sena Bhavan New Delhi-110 011 2 The Commodore,Bureau of Sailors Chittah Camp, Mankhurd,Mubmai-400 088 3 The Flag Officer,Commanding in Chief Eastern Naval Command, Visakhapatnam 4 The Commanding Officer,INS Valsura Jam Nagar, Gujarat. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue an appropriate writ or order or direction more particularly one in the nature of Writ of Mandamus to declare the decision of the Respondents not to award disability pension as illegal,arbitrary and set aside the order rejecting petitioner's claim including the order dated 10-03-1997 and issue a consequential direction to award disability pension to the Petitioner from the date or release from service on medical invalidation with interest at 24% and pass. Counsel for the Petitioner:MR.D.V.SITARAMAMURTHY Counsel for the Respondent : MR.M.RATNA REDDY FOR R The Court made the following Order: The grievance of the petitioner in this writ petition is that he was not awarded disability pension on the ground that the disability of hearing impairment, which he suffered from, was not connected with his service. Sri D.V.Sitharam Murthy, learned counsel for the petitioner, has made elaborate submissions before this Court including on the medical examinations conducted by the respondents at the time of petitioner’s initial recruitment. Learned counsel would contend that, since the respondents did not identify any such disorder at the time of his initial recruitment, the very fact that such disorder was detected a year and half later would itself show that the disorder, which the petitioner suffered from, was as a result of the discharge of his duties. Learned counsel would submit that the petitioner was working in INS Valsura and that the hearing impairment he suffered from was only on account of discharging his duties on the warship. On being directed to produce the records, Sri M.Ratna Reddy, learned standing counsel appearing for the respondents, produced the records including the opinion of the medical board whereunder, as against the specific column as to the nature of disability, the medical board opined “constitutional disorder not connected with service”. It is only on the petitioner taking up the issue of his being discharged as medically unfit, for a disorder not connected with service, was a medical board constituted and, since the earlier opinion was reiterated by the medical board, it is not for this Court, in proceedings under Article 226 of the Constitution of India, to sit in judgment over the expert opinion of the medical board in this regard. Suffice to hold that this Court does not have the necessary expertise in such matters nor is it equipped to make a detailed analysis of the disability/disorder, which the petitioner suffers from, and take upon itself the task of ascertaining whether the hearing impairment arose during the course of his service or was a disorder, which he suffered from, even prior to his entry into service. Suffice to hold that, in proceedings under Article 226 of the Constitution of India, this Court would not sit in appeal over the opinion rendered by an expert medical board. The relief sought for in this writ petition cannot be granted. The writ petition fails and is, accordingly, dismissed. However, in the circumstances, without costs. ______________ 19-03-2008 usd To 1 The Secretary, Union of India, Ministry of Defence, Sena Bhavan New Delhi-110 011 2 The Commodore, Bureau of Sailors Chittah Camp, Mankhurd,Mubmai-400 088 3 The Flag Officer, Commanding in Chief Eastern Naval Command, Visakhapatnam 4 The Commanding Officer, INS Valsura Jam Nagar, Gujarat. 5 Two CD copies