Patna High Court
Subodh Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The Court held that the petitioners must first exhaust the grievance redressal mechanism under the Bihar Government Servant Grievance Redressal Rules, 2019 before seeking judicial intervention.
Summary
The petitioners, a group of clerks employed in the Building Construction Department of Bihar, filed a writ petition seeking a mandamus directing the State to rectify alleged pay anomalies by granting them higher pay scales with parity to junior and senior Accounts Clerks. They contended that the existing pay scales of Rs 3050‑4590 and Rs 4000‑6000 were irrational and sought arrears of differential pay. The State opposed, invoking the Bihar Government Servant Grievance Redressal Rules, 2019, and argued that the petitioners had not exhausted the grievance mechanism prescribed under Section 2(c) of those Rules. The Court held that the petitioners must first pursue the statutory grievance redressal process before approaching the judiciary. Accordingly, the writ petition was disposed of, with the Court directing the petitioners to approach the Grievance Redressal Officer within 30 days and the authority to decide within the time‑frame stipulated in the Rules.
Issues considered
- Whether the petitioners are entitled to a mandamus directing revision of their pay scales.
- Whether the petitioners have complied with the grievance redressal procedure under the Bihar Government Servant Grievance Redressal Rules, 2019.
- Whether the Court can entertain the writ petition without exhaustion of the statutory remedy.
Subjects
- pay scale
- grievance redressal
- mandamus
- service law
- Bihar
- civil writ jurisdiction
- exhaustion of remedies
- parity
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1825 of 2022
======================================================
1. Subodh Kumar Singh son of Late Krishna Singh Designation Correspondent
Clerk Posted at Superintending Engineer Building Construction Dept. Circle
Office Chapra District Saran at Chapra. Permanent Address Asad Nagar
Batraul Post Office Lalganj District Vaishali.
2. Rajdeo Prasad Singh Yadav son of Late- Parmanand Rai Designation
Correspondent Clerk Posted at Superintending Engineer Building
Construction Dept. Circle Office Chapra District Saran at Chapra.
Permanent Address Village Aloni Post Office Garkha Police Station Garkha
District Saran.
3. Prashant Kumar Sinha son of Late Ashok Kumar Sinha Designation L.D.C.
Correspondent Clerk Posted at Executive Engineer Building Division,
Gopalganj. Permanent Address Resident of Village Dighwan Post Office
Dighwa Dubauli Police Station Baikunthpur District Gopalganj.
4. Ravindra Kumar son of Late Ram Ayodhya Singh Designation
Correspondent Clerk Posted at Executive Engineer Building Division,
Gopalganj. Permanent Address Resident of Village Bhimpur Police Station
Barahariya District Siwan.
5. Ranjan Sharma son of Late Ram Najar Sharma Designation Correspondent
Clerk Posted at Executive Engineer Building Division, Saran. Permanent
Address Resident of Village Brahimpur Post Office Chapra District Saran.
6. Md. Akbar Ali Ansari son of Late Muslim Ansari Designation
Correspondent Clerk Posted at Building Division, Chapra, Saran retired on
30.06.2020 Permanent Address Resident of Mohallah Chhota Telpa Korar
Post Office Chapra Head Office Police Station Town Thana District Saran.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar Patna.
2. The Principle Secretary Finance Department Govt. of Bihar Patna.
3. The Secretary (Expenditure) Department of Finance Government of Bihar,
Patna.
4. The Secretary Building Construction Department Government of Bihar
Patna.
5. The Executive Engineer Building Division Chapra Saran.
6. The Superintending Engineer Building Circle Chapra Saran.
7. The Executive Engineer, Building Division Gopalganj, Gopalganj.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shrinath Manjhi, Advocate
For the Respondent/s : Mrs. Smt. Anuradha Singh (SC- 21)
======================================================
Patna High Court CWJC No.1825 of 2022(3) dt.05-01-2026
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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
3 05-01-2026 Heard learned counsel for the petitioners and learned
counsel for the State.
2. Learned counsel for the petitioners submits that the
present writ petition has been filed for the following reliefs:-
(i) For issuance of in the nature of
mandamus or any other appropriate
writ/writs, order/orders and/or
direction/directions to the concerned
authority to rectify the pay anomaly and to
provide the pay scale of Rs. 4000-6000 to the
lower division instead of Rs. 3050-4590/-
w.e.f. 20.12.2000 with parity to junior
Account Clerk and pay scale of Rs. 4500-
7000/- instead of Rs.4000-6000/- to the
upper division Clerk/Correspondence Clerk
w.e.f. 01.01.1996 with parity of senior
Accounts Clerk of Works Departments who
have been provided the said pay scale by
virtue of resolution contained in memo
No.3111 dated 25.03.2015 (Annexure-4)
issued by Finance Department.
(ii) For holding and declaring that
there is no rationality to provide different
two pay scales of Rs.3050- 4590/- and
Rs.4000-6000/- to the lower division
clerk/Jr.Accounts Clerk and two different
pay scale of Rs. 4000-6000/- and Rs.4500-
Patna High Court CWJC No.1825 of 2022(3) dt.05-01-2026
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7000/- to the upper division
Clerk/Correspondence clerk/Sr. Accounts as
per norms of previous pay scales of said
posts.
(iii) For issuance of direction to
pay the consequential benefits i.e.
differences fo arrears w.e.f. the date when Jr.
and Sr. Accounts Clerks have got the said
pay scale of Rs.4000-6000/- Rs.4500-7000/-
respectively.
(iv) For issuance of any other
relief/reliefs for which the petitioners are
found entitled in the eye of law.
3. Learned counsel for the State raised preliminary
objection and submits that in the year 2019, the Bihar
Government framed a rule, namely, the Bihar Government
Servant Grievance Redressal Rules, 2019 (hereinafter referred
to as the 'Rules of 2019'). He further submits that the grievances
raised in the present writ petition fall within the category of
'complaint' as defined in Section 2(c) of the Rules of 2019. He
also submits that the petitioners, instead of exhausting the
provisions laid down under the said rules, have directly
approached this Court.
4. In this background, the present writ petition stands
disposed off, granting liberty to the petitioner to avail the
remedy under the said Rules of 2019 before the Service
Patna High Court CWJC No.1825 of 2022(3) dt.05-01-2026
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Grievance Redressal Officer within 30 days from today along
with this order, and the said authority is hereby directed to take
a decision within the stipulated period as provided in the Rules
of 2019.
(Dr. Anshuman, J.)
Aman Kumar/-
U
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