1. Heard learned counsel fdr the petitioner. Nobody appears on behalf of the State. Learned counsel for A.G. is present.

2. Petitioner had earlier filed a writ petition bearing C.W.J.C. No. 6193 in which he had claimed post retirement benefits on the basis of his service for the period November, 1951 to December, 1972 and he did not want credit for the period 1.1.1973 to 31.1.92 during which he was continuously absent from service. That writ petition was disposed of by order dated 17.2.2003 (Annexure-15) with direction that petitioner may submit a representation before the concerned respondent, the Chief Medical Officer-cum-Civil Surgeon, Rohtas, who shall consider the grievance of the petitioner and pass orders in accordance with law and shall also consider the question of delay on the part of petitioner in ventilating his grievance. By order dated 9.7.05 the concerned Chief Medical Officer has rejected petitioners prayer for interest over pension and gratuity allowed to the petitioner.

3. On behalf of petitioner two grievances were raised. Firstly, it was submitted that petitioners pension should have been fixed not on the actual pay received by him during last ten months