U.P.Singh, J.

1. The petitioner, who retired from the Health Services as Regional Deputy Director on the 30th June, 1986, has claimed payment of full and final pension and gratuity with interest on the delayed payments. Before his retirement, the petitioner submitted all his papers on the 28th June, 1986, regarding pension, gratuity and other retirement benefits. On the 25th January, 1988 the office of the Accountant General, Bihar, issued payment order granting 90% provisional pension which is contained in Annexure 1 to this application.

2. The petitioner started his career as Civil Assistant surgeon in the year 1956 and was promoted, as Civil Surgeon is the year 1985. The petitioner retired from the service on the 30th June, 1986, as Regional Deputy Director, Health Services.

3. Repeatedly, the petitioner requested for payment of full and final pension and gratuity in several communications addressed to the respondents, but he received no reply. The admitted fact is that no recovery proceeding was started or is pending against the petitioner under Rule 43 of the Bihar Pension Rules.

4. After one year of the petitioners retirement, the Deputy Secretary (Health) issued a me