Patna High Court
Vijay Prasad YadawversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The petitioners must first pursue the remedy provided under the Bihar Government Servant Grievance Redressal Rules, 2019, and the writ petition is disposed.
Summary
Eight government employees petitioned the Patna High Court seeking a writ of certiorari to quash a 2018 Screening Committee decision that denied them a third M.A.C.P. after 30 years of service, and a writ of mandamus directing the State to grant the benefit with arrears. The petitioners alleged that the committee’s rejection was based on flimsy and unreasonable grounds and that no decision was taken on their multiple representations to the Additional Chief Secretary. The Court examined the Bihar Government Servant Grievance Redressal Rules, 2019, which provide a specific online complaint mechanism for service‑related matters, including M.A.C.P. claims. It held that the petitioners must first avail themselves of this statutory remedy before invoking judicial intervention. Accordingly, the Court directed the petitioners to file a complaint under the 2019 Rules within 30 days and dismissed the writ petition.
Issues considered
- Whether the Screening Committee's decision denying the third M.A.C.P. can be quashed by a writ of certiorari.
- Whether the State is obligated to grant the third M.A.C.P. and related benefits by mandamus.
- Whether the petitioners are required to exhaust the grievance redressal mechanism under the Bihar Government Servant Grievance Redressal Rules, 2019 before approaching the court.
Legislation cited
Subjects
- service benefits
- M.A.C.P.
- grievance redressal
- certiorari
- mandamus
- administrative law
- Bihar Government Servant Grievance Redressal Rules, 2019
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13700 of 2025
======================================================
1. Vijay Prasad Yadaw Son of Late Ramdeo Prasad, resident of Raghunath Tola
North of Ram Janki Mandir, Gali No.2, Police Station Gardanibagh, District
Patna.
2. Sunil Kumar Verma, Son of Jwala Prasad Verma, resident of 503, A Block,
Ram Dayal Enclave, R.K.Puram, Danapur Khagaul Road, Police Station
Danapur, District Patna.
3. Janardan Prasad, Son of Late Shyam Nandan Prasad, resident of Chailital,
Sangat Ki Gali, Police Station Alamganj, District Patna.
4. Ved Ranjan Sharma, Son of Late Nagendra Nath Shastri, resident of Flat
No.506, Block-B, Badrinath Tower, Chandra Shekhar Nagar, East Gola
Road, Police Station Danapur, District Patna.
5. Hardeo Prasad, Son of Late Mishri Lal, resident of Narial Ghat, Police
Station Digha, District Patna.
6. Sudhir Kumar Jha, Son of Late Raghunath Jha, resident of New Colony,
Raghopur, Police Station Ahiyapur, District Muzaffarpur.
7. Usha Srivastava, Wife of Late Shiv Shankar Prasad, resident of House No.
K-188, Kali Mandir Road, Opposite Chandanbag, Hanuman Nagar,
Kankarbagh, Police Station Kankarbagh, District Patna.
8. Brijendra Kumar Pandey, Son of Late Nitya Nand Pandey, resident of 49,
Mansa Ram Ka Akhara, Patnacity. Police Station Mehadiganj, District
Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, General
Administration Department, Old Secretariat, Police Station Sachivalaya,
District Patna.
2. The Additional Chief Secretary, Finance Department, Old Secretariat, Police
Station Sachivalaya, District Patna.
3. The Joint Secretary, Finance Department, Old Secretariat, Police Station
Sachivalaya, District Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rupak Kumar, Advocate
For the State : Mr. Venkatesh Kirti (JC to GA-2)
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL JUDGMENT
Patna High Court CWJC No.13700 of 2025 dt.11-05-2026
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Date : 11-05-2026
Heard learned counsel for the petitioners and
learned counsel for the State.
2. The present writ petition has been filed for the
following relief/s:-
“I. That this writ application is filed for
issuance of writ in the nature of certiorari for
quashing the part of the proceedings of
Screening Committee dated 23.11.2018 of
Departmental Screening Committee whereby
and whereunder the claim of the petitioners
for grant of 3 M.A.C.P on completion of 30
years of services from the dates of their
respective initial appointment on the post of
Personal Assistant has been rejected on flimsy
and unreasonable ground.
II. That this writ application is further filed
for issuance of writ in the nature of mandamus
directing the respondents to grant 3rd M.A.C.P
to the petitioners on completion of 30 years of
their services from the dates of there initial
appointment on the post of Personal Assistant
with all consequential benefits including
arrears of salary and pensionary benefits.”
3. Learned counsel for the petitioners submit that the
petitioners were aggrieved from the decision of the Screening
Patna High Court CWJC No.13700 of 2025 dt.11-05-2026
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Committee dated 23.11.2018 and with a view to take decision
with regard to grant of 3rd M.A.C.P., they have filed
representation before the Additional Chief Secretary, General
Administrative Department, Bihar, Patna not only once, rather
three times (annexed as Annexures- P/3, P/4 & P/6). But, when
no decision was taken, then the petitioners have no option left
but to move before this Hon’ble Court. Counsel further submits
that though counter affidavit has been filed in which assertion
made by the committee has been re-affirmed, but no decision on
the petitioners’ representation has been taken.
4. It transpires to this court that the cause of action has
arisen for the petitioners in the year 2018 itself and with regard
to the grievance of the petitioners relating to grant of
A.C.P./M.A.C.P., the Government of Bihar through General
Administration Department has framed a rule namely Bihar
Government Servant Grievance Redressal Rules, 2019
(hereinafter referred to as ‘Rules of 2019’) to deal such type of
situations and the petitioners have liberty to avail the remedy by
filing complaint before the concerned authority.
5. Upon perusal of the said Rules of 2019, it transpires
to this Court that under Rule 2(c) of the Rules of 2019, the word
‘complaint’ has been defined, which reads as under:-
“(c) 'Complaint' refers to all matters relating to
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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 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.”
5.1. And the procedure for filing a complaint has also
been prescribed under Rule 3 of the Rules of 2019, which reads
as under:-
Patna High Court CWJC No.13700 of 2025 dt.11-05-2026
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“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.”
6. In this view of the matter, it is hereby directed to
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the petitioners to avail their remedy by way of filing a complaint
under the Rules of 2019 before the concerned authority, within
30 days from today. The concerned authority is directed to pass
order with regard to the claim of the petitioners according to the
time frame specified in the said Rules of 2019 itself.
7. Accordingly, with the aforesaid direction, this
writ petition stands disposed off.
(Dr. Anshuman, J)
Divyansh/-
AFR/NAFR
CAV DATE NA
Uploading Date 12/05/2026
Transmission Date NA
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