Patna High Court
Amrendra KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The petition must be pursued under the Bihar Government Servant Grievances Redressal Rules, 2019; the Court will not issue a mandamus.
Summary
The petitioner, a clerk in the Bihar Education Department, filed a writ petition seeking a mandamus directing the respondents to grant him the first and second ACP benefits under the Modified Assured Career Progression Scheme 2010 after completing 20 years of service. He argued that similarly situated employees had received the benefit. The State contended that grievances regarding service benefits must be addressed under the Bihar Government Servant Grievances Redressal Rules, 2019, which require filing a complaint with the Service Grievances Redressal Officer. The Court examined whether the petitioner could bypass this internal mechanism and approach the High Court directly. It held that the petitioner must first exhaust the grievance redressal process prescribed by the 2019 Rules. Consequently, the writ petition was disposed of, directing the petitioner to file a complaint within 30 days.
Issues considered
- Whether a service employee can obtain a writ of mandamus for grant of ACP benefits directly from the High Court, or must first pursue the grievance under the Bihar Government Servant Grievances Redressal Rules, 2019.
Subjects
- mandamus
- career progression scheme
- service benefits
- grievance redressal
- writ jurisdiction
- Bihar Education Department
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4217 of 2026
======================================================
Amrendra Kumar Son of Late Ganesh Ram, Resident of Vill. and P.O.-
Baraila, via- Shivsagar, District- Rohtas, at present Clerk in the Office of
District Education Officer, Kaimur, Bhabhua, District- Kaimur, Bhabhua.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Education
Department, Government of Bihar, Patna.
2. The Regional Deputy Director of Education, Patna Division, Patna.
3. The District Education Officer, Kaimur, Bhabhua.
4. The District Programme Officer (Establishment), Kaimur, Bhabhua.
5. The District Education Officer, Rohtas at Sasaram.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Alok Kumar, Advocate
Mr. Pranav Kumar, Adv.
Mr. Rishabh Kumar Maurya, Adv.
For the Respondent/s : Mr. Satya Vrat, AC to GP-10
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 24-03-2026 Heard learned counsel for the petitioner and learned
counsel for the State.
2. The present writ petition has been filed for the
following reliefs:-
“That this is an application on
behalf of petitioner for issuance of a writ of
mandamus commanding upon the
respondents to grant the benefits of first and
second ACP to the petitioner upon
completion of 20 years of service in terms of
Patna High Court CWJC No.4217 of 2026(2) dt.24-03-2026
2/3
Modified 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 petitioner submits that the
petitioner is entitled to the relief of ACP. Counsel further fairly
submits that in similarly situated circumstances, relief has been
granted to other petitioners, and therefore, the present petitioner
is also entitled to the same.
4. Learned counsel for the State, on the other hand,
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.
Patna High Court CWJC No.4217 of 2026(2) dt.24-03-2026
3/3
5. In light of the submissions made, the present
writ petition stands disposed of, directing 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.
(Dr. Anshuman, J.)
Aman Kumar/-
U
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