Patna High Court
Prabhaker Narain SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The petitioner must first file a complaint under the Bihar Government Servant Grievance Redressal Rules, 2019 before any relief can be granted.
Summary
The petitioner, Prabhaker Narain Singh, filed a writ petition seeking mandamus directing the Bihar government to grant him benefits under the Assured Career Progression (A.C.P.) Scheme and to pay arrears of pay from April 2010 with interest. The State of Bihar contended that the petitioner had not complied with the Bihar Government Servant Grievance Redressal Rules, 2019, which require filing a complaint before any relief can be sought. The Court examined the definition of "complaint" in Rule 2(c) of the 2019 Rules and found that the petitioner's grievance fell within its ambit. Consequently, the Court held that the petitioner must first lodge a complaint with the competent authority as prescribed by the Rules. The writ petition was therefore disposed of without granting the relief sought.
Issues considered
- Whether a writ petition for grant of A.C.P. Scheme benefits and pay arrears can be entertained without first filing a complaint under the Bihar Government Servant Grievance Redressal Rules, 2019.
- Whether the Court can issue mandamus directing the State to pay arrears and grant scheme benefits in the absence of compliance with the statutory grievance mechanism.
Subjects
- Assured Career Progression Scheme
- Mandamus
- Grievance Redressal Rules
- Public Service
- Writ Petition
- Pay Arrears
- Administrative Law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3341 of 2026
======================================================
Prabhaker Narain Singh son of Kailash Prasad, resident of- Ram Skal Yadav
Colony, behind K.M.M. Hospital, P.S-Gardanibagh, District-Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through the Secretary Road Construction Department,
Govt. of Bihar, Patna.
2. The Deputy Secretary, Road Construction Department, Govt. of Bihar,
Patna.
3. The Principal Secretary, Road Construction Department, Government of
Bihar, Patna.
4. The Joint Secretary, Road Construction Department, Government of Bihar,
Patna.
5. The Finance Secretary, Finance Department, Government of Bihar, Patna.
6. The Accountants General (A and G) Bihar, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mazher Alam, Advocate
For the State : Mr. Arvind Ujjwal (SC-04)
For the AG : Mrs. Nivedita Nirvikar, Sr. Advocate
Mr. Pravin Kumar, Advocate
Mr. Amar Shakti, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 16-03-2026 Heard learned counsel for the petitioner, learned
counsel for the State and learned Senior counsel for the
Accountant General, Bihar, Patna.
2. The present writ petition has been filed with the
following relief/s:-
“I. To issue a writ in the nature of Mandamus
or any other appropriate writ/writs,
order/orders or direction to the respondent
authorities to consider the grant of Second
Patna High Court CWJC No.3341 of 2026(2) dt.16-03-2026
2/3
Assured Career Progression Scheme (A.C.P.
Scheme) in the Pay Band + Grade Pay 15600-
39100/- to corresponding grade pay as per the
grade defined in the definition Rule-4 of
Assured Career Progression Scheme (A.C.P)
Rules-2003 notified by the Finance
Department, Government of Bihar, to the
petitioner.
II. To issue a writ in the nature of mandamus
or any other appropriate writ, order or
direction directing the respondent to pay
arrears of pay and allowance with effect from
07.04.2010 along with interest at the rate of 18
percent per annum until the date of payment
on the grant of MACP benefits;
III. To grant any other or further relief(s) as
this Hon'ble Court may deem fit in the facts
and circumstances of the case and in the
interest of justice. ”
3. Learned counsel for the State raised a preliminary
objection and submits that the Government of Bihar through
General Administrative Department has framed a rule in the
year 2019 namely, Bihar Government Servant Grievance
Redressal Rules, 2019 and the petitioner has not filed any
complaint under the said rule.
4. After hearing the parties, it transpires to this Court
Patna High Court CWJC No.3341 of 2026(2) dt.16-03-2026
3/3
that the Government of Bihar through General Administrative
Department has framed a rule in the year 2019 namely, Bihar
Government Servant Grievance Redressal Rules, 2019, under
which the aggrieved person has to file a complaint. The word
complaint has been defined in Rule 2(c) of the said rule of 2019.
Admittedly, the case of the petitioner is covered under the
definition of complaint.
5. In this view of the matter, the petitioner is hereby
directed to file a complaint before the competent authority
framed under the rule of 2019 and upon receiving his complaint
under the said rule, the competent authority shall pass order
within the time as specified in the said rule of 2019 itself.
6. Accordingly, with the aforesaid direction, the
present writ petition stands disposed off.
(Dr. Anshuman, J)
Divyansh/-
U
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