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Patna High Court

Manoranjan Prasad SinhaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The petitioner must first avail the remedy provided under the Bihar Government Servant Grievances Redressal Rules, 2019, and the court will not issue a mandamus.

Summary

Manoranjan Prasad Sinha filed a writ petition seeking a mandamus directing the State of Bihar and its officials to grant him the benefits of the first, second and third ACP under the Assured Career Progression Scheme, 2010, and to pay the differential amount. The State raised a preliminary objection that grievances relating to service benefits of retired government employees must be pursued under the Bihar Government Servant Grievances Redressal Rules, 2019, by filing a complaint with the Service Grievances Redressal Officer. The Patna High Court held that when a specific rule exists, the petitioner must first avail that statutory remedy. Accordingly, the Court directed the petitioner to file a complaint under the 2019 Rules within 30 days and allowed the grievance authority to decide the matter within the prescribed time. The writ petition was therefore disposed without granting mandamus.

Issues considered

  • Whether a writ of mandamus can be issued when a specific grievance redressal rule (Bihar Government Servant Grievances Redressal Rules, 2019) governs the relief sought.
  • Whether the petitioner is entitled to the benefits of the Assured Career Progression Scheme, 2010, without first invoking the grievance redressal mechanism.

Subjects

  • mandamus
  • service benefits
  • Assured Career Progression Scheme
  • grievance redressal
  • Bihar Government Servant Grievances Redressal Rules, 2019
  • high court
  • administrative law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.19167 of 2024
                 ======================================================
                 Manoranjan Prasad Sinha Son of Late Beni Madhav Prasad Resident of at-
                 Dewashram Bhawan, Khagaul Road, Opp.- SBI, Mithapur, P.S.- Jakkanpur,
                 District- Patna.

                                                                               ... ... Petitioner/s
                                                       Versus

           1.    The State of Bihar the through Additional Chief Secretary, Rural Works
                 Department, Govt. of Bihar, Patna.
           2.    The Chief Engineer-1, Rural Works Department, Patna.
           3.    The Superintendent Engineer, Rural Works Department, Patna Circle, Patna.
           4.    The Executive Engineer, Rural Works Department, (Works Division), Patna.
           5.    The Treasury Officer, Patna.
           6.    The Accountant General (A and E), Bihar, Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s           :        Mr. Pranav Kumar, Advocate
                                                         Mr. Alok Kumar, Advocate
                 For the State                  :        Mr. Government Advocate (2)
                 For the Respondent No. 6       :        Mr. Arun Kumar Arun, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

3   17-02-2026                     Learned counsel for the petitioner, learned counsel

                   for the State and learned counsel for the Accountant General (A

                   and E), Bihar, Patna are present.

                                 2. The present writ petition has been filed for the

                   following relief:-

                                                                 “For issuance of a writ of
                                                    mandamus commanding upon the
                                                    respondents to grant the benefits of
                                                    first, second and third ACP to the
                                                    petitioner    in   terms   of    Modified
Patna High Court CWJC No.19167 of 2024(3) dt.17-02-2026
                                           2/3




                                          Assured Career Progression Scheme'
                                          2010 (In short MACP 2010) notified
                                          vide Finance Departments' memo
                                          no.7566 dated 14.07.2010 and the
                                          respondents further be directed to
                                          extend the financial benefits thereof by
                                          making payment of differential amount
                                          to      the petitioner and petitioner
                                          further prays for issuance of any other
                                          writ/writs,     direction/   directions,
                                          order/orders to which the Hon'ble
                                          Court may deem fit and proper.”


                      3. Learned counsel for the State raises a preliminary

          objection and submits that the State of Bihar has framed a Rule,

          namely, the Bihar Government Servant Grievances Redressal

          Rules, 2019 (hereinafter referred to as the “Rules of 2019”),

          under which grievances relating to the grant of benefits in all

          matters concerning the service and service benefits of retired

          persons of the State Government are to be considered by way of

          filing a complaint before the Service Grievances Redressal

          Officer.

                      4. Having regard to the submissions, it transpires to

          this Court that when a particular rule has been framed, the

          petitioner ought to avail the remedy under the said rule framed

          by the State Government.
         Patna High Court CWJC No.19167 of 2024(3) dt.17-02-2026
                                                    3/3




                                   5. In the present facts and circumstances, this

                   Court directs the petitioner to avail the remedy under the Rules

                   of 2019 within 30 days from today by filing a complaint. Upon

                   such filing before the authority concerned / Service Grievances

                   Redressal Officer, the said authority shall decide the grievances

                   of the petitioner strictly within the time frame prescribed under

                   the Rules of 2019.

                                   6. It is made clear that the petitioner is free to raise

                   all points, including the judgment on which he relies, before the

                   said authority, which shall pass an order considering all such

                   points within the stipulated time.

                                   7. Accordingly, the present writ petition stands

                   disposed of with the aforesaid liberty.



                                                                   (Dr. Anshuman, J.)

Aman Kumar/-

U


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