Patna High Court
Dr Praveen Kumar SinhaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The Court did not adjudicate the substantive claims but directed the petitioner to pursue the grievance under the Bihar Government Servant Grievance Redressal Rules, 2019, thereby disposing of the writ petition.
Summary
Dr. Praveen Kumar Sinha, a government employee, filed a writ petition alleging illegal deductions from his pension, denial of promotion, and non-payment of gratuity and other dues. He sought a direction for the State of Bihar and related officials to correctly calculate his service length, grant time-bound promotion, and revise the pension and gratuity orders dated 16-02-2024. The State argued that the counter‑affidavit detailed the sanctions and deductions. The Court, noting the dispute, refrained from deciding the merits and instead directed the petitioner to file a grievance under the Bihar Government Servant Grievance Redressal Rules, 2019 within 60 days, after which the Grievance Redressal Officer must decide the claim within 90 days. The Court ordered that any dues found payable be settled accordingly and disposed of the writ petition.
Issues considered
- Whether the respondents are liable to grant the petitioner promotion, gratuity and correct pension dues.
- Whether the petitioner is entitled to relief under the writ jurisdiction for alleged illegal deductions.
- Whether the grievance redressal mechanism under the Bihar Government Servant Grievance Redressal Rules, 2019 is the appropriate forum for adjudicating the claim.
Legislation cited
Subjects
- pension
- promotion
- gratuity
- government servant
- writ petition
- grievance redressal
- constitutional rights
- deduction
- service length
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12845 of 2024
======================================================
Dr Praveen Kumar Sinha son of Dr. J. Mahto, resident of Village- Rasulpur,
P.O.- Bahachauki, P.S.- Mehni Chauki, District- Lakhisarai at present-
residing at- Vishnu Vardan, Sri Krishna Road, Town High School, Munger,
P.S.- Munger Town, District- Munger.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary-cum- Commissioner,
Health Department, Govt. of Bihar, New Secretariat, Patna- 800001.
2. The Joint Secretary, Health Department, Government of Bihar, Patna-
800001.
3. The Deputy Secretary, Health Department, Government of Bihar, New
Secretariat, Patna.
4. Civil Surgeon, Munger.
5. Civil Surgeon, Shekhpura.
6. Civil Surgeon, Nawada.
7. Civil Surgeon, Lakhisarai.
8. Superintendent Sub- Jail, Sheikhpura.
9. The Accountant General (A and E), Bihar, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Amar Nath Gupta, “Advocate
For the State : Mr. Pratik Kumar, AC to GA-11
For the A.G. : Mr. Ram Kinker Choubey, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
3 10-02-2026 Heard learned counsel appearing for the petitioner,
learned counsel appearing for the State and learned counsel
appearing for the Accountant General, Bihar.
2. The present writ petition has been filed seeking a
direction to the respondents to ensure that the petitioner be
allowed to enjoy his legal and constitutional rights, including
the right to live with dignity without being subjected to
Patna High Court CWJC No.12845 of 2024(3) dt.10-02-2026
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unnecessary litigation, and to settle and make good his earnest
money, wages, pension, promotion, and all other retiral dues
payable upon superannuation. The petitioner contends that the
respondents have illegally deducted amounts from his pension
and have denied him promotion and other monetary benefits.
He, therefore, prays that the respondents be directed to calculate
his total length of service correctly and grant him the benefits of
Time Bound Promotion, including ACP along with gratuity and
other outstanding salary dues for the relevant months/years. The
petitioner has further prayed that the present writ petition be
heard with CWJC No. 16850 of 2021 and that the facts and
circumstances involved in CWJC No. 5064 of 2023 also be
taken into consideration, in the interest of natural justice and to
protect his constitutional rights. Lastly, the petitioner seeks a
direction for revision of the Pension Payment Order and the
Gratuity Order dated 16.02.2024.
3. Learned counsel for the petitioner submits that
although a counter affidavit has been filed, there still remain
several dues which have not been paid to the petitioner. He
further submits that, on the one hand, sanction for payment has
been granted, but on the other hand, deductions have also been
shown, with which the petitioner is not satisfied.
Patna High Court CWJC No.12845 of 2024(3) dt.10-02-2026
3/3
4. Learned counsel appearing for the State submits
that detailed pleadings regarding sanction and deductions have
been made in the counter affidavit.
5. It transpires to this Court that the matter is highly
contested. Therefore, without entering into the merits or
demerits of the case, this Court hereby grants liberty to the
petitioner to verify the pleadings. Upon such verification, the
petitioner shall prepare a detailed statement of his alleged dues
under each head and shall file a complaint under the Bihar
Government Servant Grievance Redressal Rules, 2019 within a
period of 60 days. The Grievance Redressal Officer, upon
verification of the claims of the petitioner, shall decide the
matter within a period of 90 days thereafter. If any amount is
found due under any head, the same shall be addressed and
decided by the Grievance Redressal Officer in accordance with
law.
6. With the aforesaid observations and directions, the
writ petition stands disposed off.
(Dr. Anshuman, J)
Ashwini/-
U
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