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