Ram Shankar SinghversusThe State of Bihar

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.3351 of 2022
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1.    Ram Shankar Singh Son of Banaras Singh, Resident of Village and P.O. -
      Balwa Kuanwari, P.S. - Hajipur Sadar, Dist. - Vaishali. At present working as
      Upper Divisional Clerk at District Planning Office, Vaishali at Hajipur.
2.   Nitesh Kumar Gautam, Son of Ramchabila Singh, Resident of Village -
     Phatikwara, P.O. and P.S. - Desari, Dist. - Vaishali, at present working as
     U.D.C. at District Director Office at Hajipur.
3.   Jitendra Prabhakar Son of Ram Chandra Ram, Resident of Bidupur Bazar,
     P.S. - Bidupur, Dist. - Vaishali, At present working as U.D.C. at District
     Panchayat Office, Vaishali, Hajipur.
4.   Rajeev Ranjan, Son of Ramchandra Prasad Singh, Resident of Village -
     Rajapakar (West) P.O. and P.S. - Rajapakar, Dist. - Vaishali at Hajipur at
     present working as UDC at District Administration Branch Vaishali at
     Hajipur.
5.   Sudhir Kumar Rai, Son of Haridev Rai, Resident of Village - Mokhagardh,
     P.O. - Mokha Bazar, P.S. - Tajpur, Dist. - Samsatipur at present working as
     UDC at District Director Officer at Hajipur.
6.   Sampat Paity, Son of Janak Paity, Resident of Village - Sukki, P.S. - Patepur,
     Dist. - Vaishali, at present working as UDC at Dist. Land Acquisition Office,
     Vaishali at Hajipur.
7.   Md. Harish, Son of Late Md. Harran Rashid, Resident of Village - Astipur,
     P.O. Izra, P.S. Hajiur Sadar, Distt. - Vaishali at Hajipur. At present working
     as U.D.C. at Dist. General Administration Office Vaishali at Hajipur.
8.   Poonam Kumari, D/o Surya Narayan Sahni, Resident of Village - Hasanpur
     Surat, P.O. - Patori, P.S. - Patori, Dist. - Samastipur. at present working as
     UDC at District Social Security Cell, Vaishali at Hajipur.
9.   Md. Shahzade Ali, Son of Md. Sultan, Resident of Village - Kiratpur
     Rajaram, P.O. and P.S. - Bhagwanpur, Dist. - Vaishali at present working as
     UDC at District Certificate Office, Vaishali at Hajipur.
10. Vidhan Kumar Rai, S/o Late Shiv Shankar Rai, Resident of Village -
    Rampur Jurawan, P.S. - Vaishali, Dist. - Vaishali at present working as UDC
    at District Land Acquisition Office, Vaishali at Hajipur.
11. Mithlesh Kumar Gupta Son of Late Harinarayan Gupta, Resident of Village
    - Nayaganj, P.S. - Mahnar, Dist. - Vaishali at present working as UDC at
    Collector's Court, Vaishali at Hajipur.
12. Vinay Kumar, Son of Late Santlal Sah, Resident of Village - Simkara, P.S. -
    Patepur, Dist. - Vaishali at present posted as UDC at Sub-Divisional Office,
    Hajipur at Hajipur.
13. Ashok Kumar, Son of Late Baiju Sah, Resident of Village - Dharampur
    Jarang, P.S. - Jarang Rampur, P.O. - Patedhi Belsar, Dist. - Vaishali at present
    working in District Supply Office, Vaishali at Hajipur.
14. Amresh Pandit, Son of Late Hariwansh Pandit, Resident of Village and P.O.
    - Daudnagar (Chakraudha) P.S. - Bidupur, Dist. - Vaishali at present working
    as UDC of District Legal Cell Vaishali at Hajipur.
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  15. Vijay Kumar, Son of Kapileshwar Singh, Resident of Village - Gazipur,
      Manpur, P.S. - Baligaon, Dist. - Vaishali at present working as UDC at Block
      Development Office Hajipur at Hajipur.
  16. Birendra Kumar, Son of Shankar Sah, Resident of Village - Deduwa, P.O. -
      Sukki, P.S. - Patepur, Dist. - Vaishali at Hajipur. At present working as
      U.D.C. at Dist. Land Revenue and Reforms Office, Vaishali at Hajipur.
  17. Dinanath Kumar, Son of Babulal Sah, Resident of Village - Rampur
      Nausahan, P.O. and P.S. - Industrial Area, Hajipur, Dist. - Vaishali at Hajipur,
      at present working as UDC at Circle Office, Patepur, at Patepur.
  18. Sujeet Kumar Sharma, Son of Late Chitnarayan Sharma, Resident of Village
      - Panapur, Bateshwar Nath, P.O. - Dhandhua, P.S. - Jandaha, Dist. - Vaishali
      at present working as UDC at District Establishment Office, Vaishali at
      Hajipur.
  19. Mohan Kumar, Son of Bashist Prasad Gupta, Resident of Village - Shivganj,
      P.O. - Bidupur Railway Station, P.S. - Rajapakar, Dist. - Vaishali, at present
      working as UDC at District Establishment Office, Vaishali at Hajipur.
  20. Arbind Kumar, Son of Dasai Sahni, Resident of Village - Muhammadpur
      Sukki, P.O. - Sukki, P.S. - Patepur, Dist. - Vaishali at present working as
      UDC at Sub-Divisional Office, Mahar, at Mahnar.
  21. Manoj Kumar, Son of Late Raj Kumar Prasad, Resident of Village and P.O. -
      Sudhari, P.S. - Govindpur, Dist. - Nawada at present working as UDC at
      Circle Office, Patepur, Dist. - Vaishali.
  22. Arjun Kumar, Son of Nathuni Prasad, Resident of Village - Harpurhari, P.O.
      - Sahwajpur, P.S. - Patepur, Dist. - Vaishali at present working as UDC at
      Block Development Office, Patepur, Vaishali.

                                                                      ... ... Petitioner/s
                                             Versus

  1.    The State of Bihar through the Principal Secretary, Social Welfare
        Department, Bihar, Patna.
  2.    The Principal Secretary Dept. of Finance, Bihar at Patna.
  3.    The Principal Secretary Department of General Administration, Bihar, Patna.
  4.    The Director, Social Security Directorate, Social Welfare Department, Patna.
  5.    The Divisional Commissioner, Tirhut Division, Muzaffarpur.
  6.    The District Magistrate, Vaishali at Hajipur.

                                                                    ... ... Respondent/s

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       Appearance :
       For the Petitioner/s     :       Mr. Mukesh Kumar Jha, Advocate
                                        Mr. Rakesh Kumar Soni, Advocate
       For the Respondent/s     :       Mr. S.K. Mandal (SC-3)
                                        Mr. Arjun Prasad, AC to SC-3
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       CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
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       ORAL JUDGMENT
       Date : 28-01-2026


                     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 a direction to the

         respondent-authorities to pay the petitioners their first A.C.P. in

         the scale of 5000-8000 (Grade Pay 4200/-) in place of grade pay

         2800, in view of resolution of the department of Finance dated

         26.06.2003, 14.07.2010, 03.11.2011 as well as notification dated

         23.03.2011        and     02.09.2013         issued   by   the   General

         Administration Department but petitioners were granted their

         first A.C.P. in 2800 grade pay vide order dated 03.02.2016 and

         16.09.2016 issued by the District Magistrate, Vaishali, on the

         other hand UDC of several Districts are availing the benefits of

         their first ACP in the scale of 5000/8000 (Grade Pay 4200/-) in

         the light of above mentioned resolutions and notifications issued

         by the Department of Finance and General Administration.

                     3. Learned Counsel for the State, on the other hand,

         raised preliminary objection and submits that the Government of

         Bihar through General Administration Department has framed a

         Rule, namely, the Bihar Government Servant Grievances

         Redressal Rules, 2019 to deal such type of situations and
             Patna High Court CWJC No.3351 of 2022 dt.28-01-2026
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                      petitioners have liberty to exhaust the remedy before the Service

                      Grievance Redressal Officer. Counsel for the State submits that

                      the petitioners have to avail the said remedy by way of filing the

                      complaint under the said Rule but instead thereof they moved

                      directly before this Hon’ble Court.

                                         4. Upon hearing the parties, the present writ

                      petition stands disposed off directing the petitioners to avail

                      their remedy before the Service Grievances Redressal Officer of

                      the department within 30 days from today and in the said rule,

                      time frame has already been made. Therefore, Service

                      Grievances Redressal Officer is hereby directed to decide this

                      matter strictly according to the time frame specified in the said

                      Rule i.e., Bihar Government Servant Grievances Redressal

                      Rules, 2019.


                                                                   (Dr. Anshuman, J)
Mkr./-
AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          29.01.2026
Transmission Date