Patna High Court
Bipin Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The petitioner's grievance is covered by the Bihar Government Servant Grievance Redressal Rules, 2019, and the writ petition is therefore not maintainable.
Summary
Bipin Kumar Singh filed a writ petition seeking to be placed on the revised pay scale of Rs. 5,000‑8,000 with Grade Pay Rs. 4,600, payment of salary arrears, and benefits under the Assured Career Progression (ACP) and Modified ACP schemes after 33 years of service. The State argued that the petition was premature and that similar relief had been denied in the Gupteshwar Singh case. The Court examined the Bihar Government Servant Grievance Redressal Rules, 2019, which define such service‑related grievances as complaints to be filed under an online mechanism, not directly before the court. It held that the petitioner’s relief falls within the ambit of those rules and therefore the writ petition is not maintainable. The Court directed the petitioner to lodge a complaint under the Rules within 30 days and dismissed the writ petition.
Issues considered
- What is the appropriate forum for the petitioner’s grievance regarding pay scale, arrears, and ACP/MACP benefits?
- Does the Bihar Government Servant Grievance Redressal Rules, 2019, bar the maintenance of a writ petition for such service matters?
Legislation cited
Subjects
- pay scale
- salary arrears
- Assured Career Progression
- Modified Assured Career Progression
- grievance redressal
- writ petition
- Bihar Government Servant Grievance Redressal Rules, 2019
- service matters
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13327 of 2025
======================================================
Bipin Kumar Singh Son Of Late Deena Nath Singh Resident of Village-
Golma, P.S,Sourbazar, District-Saharsa (Bihar) also Resident At Care of
Ravishankar Singh,Top Floor, Near Sharme Lodge, Mohnpur, Punaichak, P.S.
Shastri Nagar, Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Transport,
Government of Bihar, Patna.
2. The Commissioner, Department of Transport, Government of Bihar, Patna.
3. The Principal Secretary, Department of Finance, Government of Bihar,
Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Alok Kumar, Adv.
Mr.Arjun Kumar, Adv.
For the Respondent/s : Mr.Yogengra Pd. Sinha, AAG7
Mr.Rajeev Kumar Sinha, AC to AAG7
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 23-06-2026 Heard Learned Counsel for the petitioner and
Learned Counsel for the State.
2. The present writ petition has been filed with the
following reliefs:-
(i) To issue an appropriate writ/writs
and/or direction/directions to the Respondents to
grant the Petitioner pay scale of Graduate
(Trained) і.е. 5000 – 8000 revised pay-band 2,
Grade Pay 4600/-, Pay level – 7 to the Petitioner
in the light of the order contained in Memo No.
3801 dated 19.07.2017 whereby the Transport
Department adopted the Finance Department
Resolution No. 3950 dated 24.05.2017.
Patna High Court CWJC No.13327 of 2025(2) dt.23-06-2026
2/5
(ii) To issue a writ in nature of
mandamus directing the Respondents to fix the pay
of the Petitioner to the tune of 5000 8000
incorporating the benefit of Grade Pay of 4600/-
w.e.f. the date of his regular appointment and
further to pay the Petitioner his arrears of salary
as per the revised pay scale.
(iii) To issue a writ of mandamus to give
the benefit of Assured Career Progression Scheme
and Modified Assured Career Progression Scheme
as he has completed 33 years unblemished service
from his initial appointment.
(iv) To issue any other writ/writs and/or
direction/directions as your Lordships may deem fit
and proper in the facts and circumstances of the
case.
3. Counsel for the petitioner submits that a counter-
affidavit has been received, but he seeks time to file rejoinder to
the same. He further submits that the petitioner’s representation
is still pending and no decision has been taken on the same.
4. Learned counsel for the State raised preliminary
objection and submits that the counter-affidavit had already
been served in the month of February, 2026 (i.e., on
03.02.2026), but no rejoinder has been filed. He further submits
that the basic relief demanded by the petitioner is relating to
salary payment and increment as well as demanding benefit of
Patna High Court CWJC No.13327 of 2025(2) dt.23-06-2026
3/5
ACP and MACP.
5. Counsel further submits that Annexure-A is the
order dated 28.02.2024 with regard to similarly situated persons
in the case of Shri Gupteshwar Singh & Ors., (Data Entry
Operators), passed in CWJC No.4585 of 2023 dated
11.09.2023, who have demanded the same relief. He further
submits that the stand taken in the said case is identical with the
case of the present petitioner.
6. In response thereof, counsel for the petitioner
submits that he shall be in a position to clarify to this Court the
present case is different from the case of Gupteshwar Singh &
Ors. (supra) on which the State has relied.
7. In light of the submissions made by the parties, it
transpires to this Court that the grievance of the petitioner is
well covered under the Bihar Government Servant Grievance
Redressal Rules, 2019 (hereinafter referred to as the ‘Rules of
2019’). Upon perusal of the said Rule, it transpires to this Court
under Rule 2(C) of the Rule of 2019 the word ‘complaint’ has
been defined as follows :-
(c) 'Complaint' refers to all matters relating to the
service and service benefits of serving and retired
personnel of State Government as - (1) related to
appointment (2) Service confirmation related (3) related
to salary payment and increment (4) promotion, A.C.P.,
M.A.C.P. related (5) priority/preference assessment
related (6) related to the approval of leaves other than
Patna High Court CWJC No.13327 of 2025(2) dt.23-06-2026
4/5
casual leave (7) related to salary during leave (8)
related to approval and payment of allowances (9)
Medical reimbursements (10) related to payment of
retirement benefits such as pension, gratuity, group
insurance, encashment of the unavailed leaves and
payment of General Provident Fund.
However, if any of the above related
matter is under any Court's consideration then it
will not be considered as a complaint under this
system.
But further, matters relating to
disciplinary & departmental action, and
transfer / posting / deputation will not be
included as complaints under this. Any case,
under the Right to Information Act, 2005 will
also not be considered as a complaint under this
system.
and procedure for filing complaint has also been
prescribed under Rule 3 of the said Rule of 2019 as under :
3. Procedure for filing a complaint: Procedure for
registering complaints related to service matters and
retirement benefits will be as follows -
(a) Any employee of the Bihar State Government,
serving or retired, of any group can file any
complaint related to their service matters and/or
retirement benefits, through online mode. In the
event of death of a Government Personnel,
complaint can be lodged by his/her dependent, The
applicant will have to mention the details of the
office / officer, his/her complaint is related to.
Other relevant details will also have to be provided
in the online application.
(b) In one application, complaint related to only
one subject can be filed. Since no fee is required for
registering a complaint, therefore, if a complainant
wants relief in more than one subject then he/she
has to register a separate application for it. In spite
of this, if in the same application relief on more
than one subject is being sought for, then in that
case, the first issue mentioned in the complaint
application will be considered as the complaint and
further action will be taken on the same.
Patna High Court CWJC No.13327 of 2025(2) dt.23-06-2026
5/5
8. In this background, the petitioner is granted liberty
to file a complaint under the provisions of the Rules of 2019
within 30 days from today. Upon filing of the said complaint,
the authority concerned shall pass orders within the time
specified in the said Rules of 2019 strictly.
9. With the aforesaid observation and direction, the
present writ petition stands disposed off.
(Dr. Anshuman, J)
Prakashmani/-
U
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.