The petitioner is precluded from raising a claim for payment of interest on provisional pension and gratuity sanctioned in the year 2002 as he has waived his right by omitting to make such prayer in a previous petition and by not appealing against the order that did not pass any order with respect to interest.

The petitioner retired as Additional District & Sessions Judge, Jamui. He has prayed for payment of appropriate statutory interest on 90% of gratuity and pension paid to him in 2002 pursuant to the order dated 16.10.2001 in C.W.J.C. No.7248 of 2001.

2. Before I take up the prayer of the petitioner for consideration, it would be necessary to notice the facts of the case in brief. The petitioner was a member of Bihar Judicial Service. He retired on 31.1.1995 as Additional District & Sessions Judge, Jamui. No departmental or criminal proceeding was instituted against him during his service tenure. Only after retirement, a criminal case being Jamui P.S. Case No.50 of 1996 dated 30.4.1996 was lodged under sections 419, 466, 408 and 471 of I.P.C. Pension and gratuity were not paid in view of criminal proceeding. The petitioner filed C.W.J.C. No.7248 of 2001 for payment of his pension and other retiral dues with interest. The writ petition was disposed of by a learned Single Judge on 16.10.2001 with a direction to the concerned authorities to sanction and authorize provisional pension which would include gratuity too in accordance with the government circulars within a period of two months. The learned Judge in his order observed that in appropriate cases provisional pension and gratuity can be granted even during the continuance of criminal or disciplinary proceeding.

3. In view of direction of this Court, 90% of the provisional pension and gratuity was sanctioned and authorized. The petitioner continued to receive his provisional pension and gratuity. In the meantime, the criminal trial concluded and the petitioner was convicted under sections 419, 466, 468, 471 of I.P.C. vide judgment dated 3.7.2008 of trial court. He was sentenced to two years imprisonment under section 419 I.P.C. and three years simple imprisonment under sections 466, 468, 471 IPC. Being aggrieved, the petitioner preferred Criminal Appeal No.20 of 2008 and was acquitted vide judgment dated 23.1.2009.

4. The petitioner filed C.W.J.C. No.14820 of 2009 for releasing remaining 10% of gratuity and pension with 11% interest. The matter was listed before a Division Bench of this Court. In the meantime, the Standing Committee of the High Court in its meeting held on 17.11.2009 had allowed the representation of the petitioner for grant of remaining 10% of pension and gratuity along with permissible statutory interest. The Division Bench accordingly disposed of the writ petition by order dated 23.11.2009 directing the respondents to process the claim of the petitioner expeditiously and consequential relief by way of payment of arrears or revision of pension to be made available within two months.

5. Pursuant to the aforesaid direction, the petitioner was paid the balance of 10% pension and gratuity with statutory interest and thus he now got full pension and gratuity.

6. On 28.6.2010, the petitioner made a representation to the respondent no.3 for payment of 5% interest from the date of retirement on 31.1.1995 till the date of final payment of 90% of pension and gratuity in 2002. Representations to the said effect were also made to the Under Secretary, Karmik and Prasashinik Vibagh, Government of Bihar vide his letter dated 13.7.2011 and 1.8.2011. The respondent no.3 requested the General Administration Department vide its letter dated 10.8.2011 with regard to early payment of amount (Annexure-1). The department of General Administration sought certain queries from respondent no.3 vide letter dated 5.9.2012. On 21.9.2012 a representation was also made to the Special Work Officer, Department of General Administration, Government of Bihar for interest on 90% of provisional pension and gratuity from the date of retirement on 31.1.1995 till the time it was unpaid. As such there was no positive response, hence another writ petition.

7. The petitioner states that now that he has been acquitted vide judgment dated 23.1.2009 in Criminal Appeal No.20 of 2008, he would be ent