JUDGMENT :

RAJEEV RANJAN PRASAD, J.

1. Heard learned counsel for the petitioner and learned AAG-IX for the State.

2. Mr. S.D. Yadav, learned AAG-IX has submitted that only yesterday an affidavit has been filed on behalf of the General Administration Department, Government of Bihar and a plea has been taken therein that there is no resolution of the General Administration Department whereby the 90% gratuity amount may be released in the cases where the departmental proceeding is still pending under the Bihar Pension Rules.

3. Pleadings are complete.

4. In this case, petitioner has moved this Court seeking a writ in the nature of a writ of mandamus commanding the respondent authorities to fix the pension of the petitioner after releasing the post-retiral benefits. The petitioner has superannuated from service on 31.07.2017 while working as an Incharge Medical Officer, Primary Health Service, Piprahi, Sheohar, Bihar.

5. It is the case of the petitioner that he has been paid the GPF amount vide Annexure-2 to the writ application and In-charge Medical Officer, Primary Health Center, Piprahi, Civil Surgeon-cum-Chief Medical Officer, Sheohar has already sent the pension application of the petit