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11. In the impugned judgment dated 31st July, 2009, the Division Bench of the High Court placed reliance on Rules 7(a), 7(b) and 7(c) which was noticed by this Court in Keshar Singh (supra). In Keshar Singh(supra), a judgment of the Division Bench of the Allahabad High Court granting disability pension was challenged before this Court. In the said matter paragraph 7(b) of Appendix-II referred to in Regulations 48, 173 and 185 of the 'Pension Regulations for the Army, 1961'. In support of the appeal before this Court in Keshar Singh(supra) learned Additional Solicitor General contended that the Division Bench of the High Court has lost sight of Para 7(c) and both the paragraphs 7(b) and 7(c) have to be read together. The relevant portion of the judgment of this Court in Keshar Singh (supra) is quoted hereunder:

“2. Background facts giving rise to the present dispute is as follows:
The respondent was enrolled as Rifleman on 15.11.1976 and was discharged from Army on 18.10.1986. It was found that he was suffering from Schizophrenia and the Medical Board's report indicated his non-suitability for continuance in army. Medical Board opined that the disability did not exist before entering service and it was not connected with service. An appeal was preferred before prescribed appellate authority which was dismissed on 16.4.1989. Respondent filed a writ petition which was allowed by learned Single Judge and as noted above by the impugned judgment the special appeal was dismissed. Both learned Single Judge and the Division Bench held that it was not mentioned at the time of entering to army service that the respondent suffered from Schizophrenia and therefore it was attributable to army service. Both learned Single Judge and the Division Bench referred to para 7(b) of the Appendix II referred to in Regulations 48, 173 and 185 of the Pension Regulations, 1961 to hold that if any disease has led to the individuals discharge it shall be ordinarily deemed to have arisen in the service if no note of it was made at the time of individual's acceptance for military service. Accordingly, it was held that the respondent was entitled to disability pension.

13. Per contra, according to the learned counsel for the appellant, the "Entitlement Rules for Casualty Pensionary Awards, 1982" contained in Appendix-II of the Pension Regulations for the Army, 1961 is applicable and not the Rules referred to and quoted in the counter-affidavit by the respondents.

14. There being difference in the two sets of the Entitlement Rules for Casualty Pensionary Awards referred to by the counsel for the respondents and the appellant, on the direction of the Court photostat copy of the 'Pension Regulations for the Army, 1961(Part-I)' along with Appendix (ii), (referred to in Regulations 1948, 1973 and 1985), 'Guide to Medical Officers (Military Pensions) 2002' published by the Ministry of Defence, Government of India, New Delhi has been produced. We also called for the Pension Regulations for the Army, 1961 from Library which contains Appendix- II- 'Entitlement Rules for Casualty Pensionary Awards, 1982' for our perusal, and we find that it is similar to the photostat copy of the Pension Regulations for the Army, 1961(Part-I) published by the Ministry of Defence, Government of India, New Delhi. The respondents in their counter- affidavit has not made clear as to when the Government of India, Ministry of Defence letter No.1(1)/81/D(Pen-C) dated 20th June, 1996 was notified in Gazette amending the Rules and why no such amendment has been shown in the published Entitlement Rules for Casualty Pensionary Awards, 1982. In their counter-affidavit they have not mentioned that the rules extracted in their counter-affidavit is true copy of its original.

15. For the said reason, we will rely on the "Pension Regulations for the Army, 1961" and Appendix-II- 'Entitlement Rules for Casualty Pensionary Awards, 1982' published by the Government of India, we will also discuss the Rules 14(a), 14(b), 14 (c) and 14(d) as quoted and relied on by the respondents.

16. Regulation 173 of Pension Regulations for the Army, 1961 relates to the primary conditions for the grant of disability pension and reads as follows:

“Regulation 173. Unless otherwise specifically provided a disability pension consisting of service element and disability element may be granted to an individual who is invalidated out of service on account of a disability which is attributable to or aggravated by military service in non-battle casualty and is assessed 20 per cent or over The question whether a disability is attributable to or aggravated by military service shall be determined under the rule in Appendix II.”