Patna High Court
Manoranjan Prasad SinhaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
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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