JUDGMENT/ORDER :

Amreshwar Pratap Sahi, J.

Both the writ petitions have been heard together and are being disposed of by this common order.

2. The petitioner has been inflicted with a major punishment of compulsory retirement under the provisions contained in Rule 14 (9) of the Bihar Government Servants (Classification, Control & Appeal) Amendment Rules, 2007 from the date of receipt of the aforesaid notification.

3. The aforesaid punishment has been challenged by the petitioner in C.W.J.C. No. 6189 of 2017.

4. During the pendency of the aforesaid writ petition, an order was issued by the General Administration Department of the Government of Bihar contained in Memo No. 16963 dated 26.12.2018, whereby the representation preferred by the petitioner for re-fixation of his pension and gratuity without deducting pension at the rate of 1/3 has been rejected. The petitioner has, therefore, through C.W.J.C. No. 19237 of 2019 prayed for setting aside of the aforesaid order as also for a direction to the respondent authorities to fix the pension and gratuity at the rate of fifty percent of the last drawn salary instead of pension at the rate of 2/3, in as much as, no direction was issued by the