Patna High Court

Nawal Kishor PathakversusThe State of Bihar

Decided: 7 April 2026
Disposal: DISPOSED
Bench: ANSHUMAN

Holding

The petition must be pursued under the Bihar Government Servant Grievances Redressal Rules, 2019 and the writ petition is disposed.

Summary

Petitioner Nawal Kishor Pathak, a former Panchayat Secretary, filed a writ petition seeking the grant of ACP benefits from 04‑02‑2010 and MACP benefits from 04‑02‑2016, along with directions to fix the appropriate post. The State of Bihar contended that the grievance must be pursued under the Bihar Government Servant Grievances Redressal Rules, 2019. The Court examined whether the petitioner could directly approach the High Court for the relief claimed. It held that the petitioner is required to exhaust the statutory grievance mechanism before approaching the court. Accordingly, the Court directed the petitioner to file a complaint under the 2019 Rules within 30 days and ordered the concerned authority to decide the matter within the prescribed time‑frame. The writ petition was consequently disposed.

Issues considered

Whether the petitioner can obtain ACP and MACP benefits through a writ petition or must first resort to the Bihar Government Servant Grievances Redressal Rules, 2019.

Subjects

writ petition
grievance redressal
ACP
MACP
service matters
Bihar Government Servant Grievances Redressal Rules, 2019
administrative law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Civil Writ Jurisdiction Case No.13790 of 2025
                 ======================================================
                 Nawal Kishor Pathak S/o Dudheshwar Pathak, resident of village- Barsima,
                 P.O.- Salempur, P.S - Alipur, District- Gaya and Previously Working as a
                 Panchayat Secretary in Karpi Prakhand District- Arwal.

                                                                          ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar through the Additional Chief Secretary, Panchayati Raj
                 Department, Govt. of Bihar, Patna.
           2.    The Additional Chief Secretary, Panchayati Raj Department, Govt. of Bihar,
                 Patna.
           3.    The District Magistrate, Arwal.
           4.    The District Panchayat Raj Officer, Arwal.
           5.    The Block Panchayat Raj Officer-cum-Executive Officer, Panchayat Samiti,
                 Arwal.
           6.    The Block Development Officer, Arwal.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Rama Kant Singh, Advocate
                 For the Respondent/s   :      Mr. Sitaram Yadav, GP-16
                                               Mr. Yatindra Narayan, AC to GP-16
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   07-04-2026                   Heard learned counsel for the petitioner and learned

                   counsel for the State.

                               2. The present writ petition has been filed for the

                   following relief/s:-

                                             “1. That this is an application for
                                             issuance of an appropriate writ (s),
                                             order (s), direction (s) for directing the
                                             respondent authorities to give the
                                             benefit of A.C.P. since 04.02.2010 and
                                             also give benefit of MACP since
                                             04.02.2016 and also further gave a
                                             direction to the respondent authorities
         Patna High Court CWJC No.13790 of 2025(2) dt.07-04-2026
                                                    2/2




                                                to fix the person and after issuance of
                                                abovesaid benefit.
                                                And/or for any other appropriate relief
                                                (s) to the petition for which he may be
                                                found entitled to in the eye of law.”
                               3. Learned counsel for the State raised a preliminary

                   objection and submits that the Government of Bihar through

                   General Administration Department has framed a rule namely

                   Bihar Government Servant Grievances Redressal Rules, 2019 to

                   deal such type of situations and petitioner has liberty to avail his

                   remedy by filing compliant before the concerned authority.

                               4. In this view of the matter, it is hereby directed to

                   the petitioner to avail his remedy by way of filing the complaint

                   under Bihar Government Servant Grievances Redressal Rules,

                   2019 before the concerned authority, within 30 days from today.

                   The concerned authority is directed to decide this matter

                   according to the time frame specified in the said rule i.e. Bihar

                   Government Servant Grievances Redressal Rules, 2019.

                               5. Accordingly, with the aforesaid direction, this writ

                   petition stands disposed of.


                                                                   (Dr. Anshuman, J.)

Aman Kumar/-
U

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