Patna High Court

Devendra RamversusThe State of Bihar

Decided: 12 January 2026
Disposal: DISPOSED
Bench: ANSHUMAN

Holding

The petitioner must first exhaust the grievance redressal process under the Bihar Government Servant Grievances Redressal Rules, 2019 before filing a writ petition.

Summary

The petitioner, a retired correspondence clerk, filed a writ petition seeking the grant of Assured Career Progression (ACP) / Modified ACP benefits that he claims were denied after his retirement in 2014. The State argued that the petitioner must first exhaust the grievance mechanism provided under the Bihar Government Servant Grievances Redressal Rules, 2019, which contain a specific forum for such complaints. The Court examined whether the petitioner could directly approach the High Court for relief or was required to follow the statutory grievance procedure. It held that the petitioner is obliged to file a complaint under the 2019 Rules before seeking judicial intervention. Accordingly, the Court directed the petitioner to pursue the grievance before the designated authority and disposed of the writ petition.

Issues considered

Whether a retired government servant can directly approach the High Court for ACP/MACP benefits without first exhausting the grievance redressal mechanism under the Bihar Government Servant Grievances Redressal Rules, 2019.

Subjects

Assured Career Progression
Modified Assured Career Progression
Service grievance
Exhaustion of remedies
Bihar Government Servant Grievances Redressal Rules 2019
Writ petition

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.3476 of 2022
                 ======================================================
                 Devendra Ram Son of Late Satan Ram, Resident of Village and P.O. Rasalpur
                 Via Jandaha P.S. Jandaha District Vaidhali.
                                                                           ... ... Petitioner/s
                                                     Versus
           1.     The State of Bihar through the Principal Secretary, Department of Minor
                  Irrigation (Water Resources), Govt. of Bihar, Patna.
           2.    The Chief Engineer, Minor irrigation Department (Water Resources), Bihar,
                 Patna.
           3.    The Executive Engineer, Minor Irrigation Division, Begusarai.
           4.    The Treasury Officer, Begusarai.
           5.     The Principal Accountant General, Bihar, Beerchand Patel Path, Patna.
                                                                          ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Mr. Lalan Kumar Verma, Advocate
                 For the State          :       Mr. Sita Ram Yadav (GP-16)
                                                Mr. Yatindra Narayan (AC to GP-16)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

3   12-01-2026                   Heard learned counsel for the petitioner and learned

                   counsel for the State.

                                 2. The present writ petition has been filed for issuance

                   of an appropriate writ(s), order(s) or direction(s) to the

                   respondents to consider the case of the petitioner to grant the

                   benefit of Assured Career Progression (A.C.P) / Modified

                   Assured Career Progression (M.A.C.P) since the petitioner

                   retired on 31.07.2014 from the post of correspondence clerk of

                   the Respondent no.3 without availing the financial benefits

                   arising out of ACP/MACP since due dates.

                                 3. Learned counsel for the State raised a preliminary
             Patna High Court CWJC No.3476 of 2022(3) dt.12-01-2026
                                                         2/2




                       objection and submits that the Government of Bihar through

                       General Administration Department has framed a rule namely,

                       Bihar Government Servant Grievances Redressal Rules, 2019 to

                       deal such type of situations and petitioner has liberty to exhaust

                       the remedy before the Service Grievance Redressal Officer. He

                       submits that the grievance of the petitioner comes within the

                       purview of definition of complaint case mentioned in the said

                       rule. And, in the said rule, there is a separate forum for the

                       grievance of the petitioner.

                                   4. In this view of the matter, it is hereby directed to

                       the petitioner to avail his remedy by way of filing a complaint

                       under Bihar Government Servant Grievances Redressal Rules,

                       2019 before the concerned authority and the said concerned

                       authority is directed to do the needful completely according to

                       the time frame as specified in the said rule i.e. Bihar

                       Government Servant Grievances Redressal Rules, 2019.

                                   5. Accordingly, with the aforesaid direction, this writ

                       petition is hereby disposed off.



                                                                      (Dr. Anshuman, J)
Divyansh/-

U

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