(ORAL)

Heard Mr. S.Rana, learned counsel appearing for the petitioner and also Mr. R.Debnath, CGC appearing for the respondents No. 1 & 2.

2. By this writ petition, the petitioner is praying for a direction to the respondents to pay the disability pension to the petitioner. The petitioner was initially recruited in the Assam Rifles and allotted his service number being No. TC-69775 (AR No. G/5000649)/Rect/GD and sent for training. During the course of rigorous training, the petitioner got fractured on his left leg. The injury suffered by the petitioner had been diagnosed as “FRACTURE NECK OF FEMUR LT (OPTD)”. Because of the fracture on his left leg the petitioner had been declared unfit and discharged on 30.04.2005. It is an undisputed case of both the parties that the injury suffered by the petitioner was attributable to service. But the respondents denied the disability pension to the petitioner on the grounds that the percentage of disability suffered by the petitioner was assessed only to 20% and as per para 9 (1) & (3) of CCS (Extraordinary Pension) Rules for granting disability pension the percentage of disability should not be less than 60%.

3. The petitioner also filed