Patna High Court
Diplal YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The petition is dismissed; the petitioner must pursue his claim by filing a complaint under the Bihar Government Servant Grievance Redressal Rules, 2019.
Summary
Diplal Yadav, a retired Panchayat Sachiv, filed a writ petition seeking a mandamus directing the State of Bihar to grant him the full benefits of the third ACP/MACP scheme from 2012 and to pay delayed interest up to his superannuation in 2014. The State argued that the Bihar Government Servant Grievance Redressal Rules, 2019 provide an exclusive remedy, requiring the petitioner to file a complaint under those rules. The Court examined the definition of "complaint" and the procedure prescribed in the Rules, noting that matters pending before a court are excluded from the grievance mechanism. The Court held that the petitioner must avail himself of the grievance redressal process and cannot bypass it through a writ petition. Accordingly, the petitioner was directed to file a complaint under the Rules within 30 days, and the writ petition was disposed.
Issues considered
- Whether the petitioner can obtain relief of mandamus for ACP/MACP benefits directly from the High Court.
- Whether the Bihar Government Servant Grievance Redressal Rules, 2019, bar the filing of a writ petition and constitute the exclusive remedy.
Legislation cited
Subjects
- mandamus
- service benefits
- ACP
- MACP
- grievance redressal
- Bihar Government Servant Grievance Redressal Rules 2019
- writ petition
- pension
- retired government employee
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.247 of 2025
======================================================
Diplal Yadav S/O Late Vaichand Yadav @ late Valchand yadav, R/O Village-
Yusufpur, P.O. Khanjahachak, P.S. Lalganj, District- Vaishali, retired as
Panchayat Sachiv from Raghopur Block, District- Vaishali.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of
Panchayati Raj, Government of Bihar, Patna.
2. The Commissioner, Tirhut Division at Hajipur.
3. The District Magistrate, Vaishali at Hajipur.
4. The District Panchayati Raj Officer, Vaishali at Hajipur.
5. The Block Development Officer, Raghopur, Vaishali.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravish Mishra, Advocate
For the State : Mr. Yogendra Pd. Sinha (AAG-07)
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
3 15-04-2026 Heard learned counsel for the petitioner and learned
counsel for the State.
2. Learned counsel for the petitioner submits that the
present writ petition has been filed for issuance of appropriate
writ/writs, orders, direction/directions for the following relief/s:-
“I. For issuing writ in the nature of
Mandamus to the respondents (particularly to
the Respondent No. 3), so that the complete
benefits of third ACP/MACP, should be
granted to the petitioner with effect from the
year 2012, i.e. from the date in which he was
entitled to as per the Resolution No. 7566,
Patna High Court CWJC No.247 of 2025(3) dt.15-04-2026
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dated 14.07.2010, passed by the Finance
Department Government of Bihar, under the
Transformed Finance Upgrade Rules, 2010
(Ruprantit Vriti Unnayan Yojana Niyamavali,
2010).
II. Further for also commanding the
respondents so that delayed interest on the
accrued ACP/MACP benefits is also paid to
the petitioner from the time it was due till his
date of superannuation which was on
31.05.2014.
III. For any other reliefs which the Hon'ble
High Court thinks proper and fit in the facts
and circumstances of this case.”
3. Learned counsel for the State raised preliminary
objection and submits that 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 petitioner has liberty to avail his remedy by filing
complaint before the concerned authority.
4. 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
the service and service benefits of serving and
Patna High Court CWJC No.247 of 2025(3) dt.15-04-2026
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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.”
4.1. And the procedure for filing a complaint has also
been prescribed under Rule 3 of the Rules of 2019, which reads
as under:-
“3. Procedure for filing a complaint- Procedure
Patna High Court CWJC No.247 of 2025(3) dt.15-04-2026
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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.”
5. In this view of the matter, it is hereby directed to
the petitioner to avail his remedy by way of filing a complaint
Patna High Court CWJC No.247 of 2025(3) dt.15-04-2026
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under Rules of 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
Rules of 2019 itself.
6. Accordingly, with the aforesaid direction, this writ
petition stands disposed off.
(Dr. Anshuman, J)
Divyansh/-
U
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