It is not disputed that Rule 14(d) of Entitlement Rules,1982 was not relied upon by the appellants in their written statement. In para 14 of the writ petition, the relevant rules of Entitlement Rules,1982 have been reproduced, which have been admitted to be correct in the corresponding para of the written statement. It is admitted that the respondent, at the time of his enrolment in the Army service was fully fit and no note whatsoever, was recorded to the effect that he was suffering from any disease. It is also not in dispute that at the time of his discharge the Medical Board, while opining that the disease-Neurosis Anxiety- was not attributable to or aggravated by military service, did not record that the disease of the petitioner could not have been detected on medical examination at the time of his entry into service. It is also not in dispute that Clause (d) of Rule 14 was inserted by way of amendment vide Corrigendum No.1(1)/81/D(PenC) dated 20.6.1996. Therefore, the argument of the learned counsel for the appellant that it had to be clearly established that the disease of the respondent was adversely affected relating to his condition of military service is not sustainable. As per Regulation 7(b) of Entitlement Rules,1982, governing the case in given conditions, there are certain presumptions which are raised that the disease is attributable or aggravated by military service.
