Patna High Court
Satya Narayan SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The writ petition is dismissed; the petitioner must file a complaint under the Bihar Government Servant Grievances Redressal Rules, 2019 before the designated grievance officer.
Summary
Satya Narayan Singh, a retired junior engineer of the Bihar Water Resources Department, filed a writ petition seeking a mandamus directing the State to pay his first, second and modified additional cost of living allowances (ACP) and interest, alleging that his retirement benefits were denied despite his superannuation in 2009. The State contended that the grievance falls under the Bihar Government Servant Grievances Redressal Rules, 2019, which require the employee to file a complaint with the designated Service Grievance Redressal Officer. The Court examined the definition of "complaint" in Rule 2(c) of the 2019 Rules and held that the petitioner’s claim regarding pension benefits is covered by that definition. Consequently, the Court dismissed the writ petition and directed the petitioner to file a formal complaint with the Executive Engineer (the grievance officer) within 30 days, who must issue a reasoned order within 60 days. The petition was therefore disposed of without granting the relief sought.
Issues considered
- Whether a retired government employee can directly approach the High Court via a writ petition for payment of pension-related allowances, or must first pursue remedy under the Bihar Government Servant Grievances Redressal Rules, 2019.
Subjects
- writ petition
- mandamus
- pension
- ACP
- MACP
- service grievance
- Bihar
- Water Resources Department
- retirement benefits
- grievance redressal rules
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4624 of 2026
======================================================
Satya Narayan Singh Son of Late Rameshwar Singh, Resident of Village-
Nahwan, Post Office- Hansadih, Police Station- Masaurhi, District- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Water Resources
Department, Government of Bihar, Sinchai Bhawan, Old Secretariat Bihar,
Patna- 800014.
2. The Principal Secretary, Water Resources Department, Government of Bihar,
Sinchai Bhawan, Old Secretariat, Bihar, Patna- 800014.
3. The Engineer -in- Chief (Headquarter), Water Resources Department,
Government of Bihar, 1st Floor, Sinchai Bhawan, Old Secretariat, Bihar,
Patna- 800014.
4. The Chief Engineer, Water Seepage Division (Jal Nisaran Pramandal),
Government of Bihar, Muzaffarpur.
5. The Superintending Engineer, Water Seepage Division (Jal Nisaran
Pramandal), Government of Bihar, East Champaran, Motihari.
6. The Executive Engineer, Water Seepage Division (Jal Nisaran Pramandal),
Government of Bihar, East Champaran, Motihari.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gopal Govind Mishra, Advocate
For the Respondent/s : Mr. Standing Counsel (6)
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL JUDGMENT
Date : 30-03-2026
Heard Learned Counsel for the petitioner and
Learned Counsel for the State.
2. The present writ petition has been filed with the
following reliefs:
“(i) For issuance of writ in the
nature of Mandamus for commanding the
respondent authorities for payment of
Patna High Court CWJC No.4624 of 2026 dt.30-03-2026
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benefit of Ist A.C.P. w.c.f. 06.02.1989, IInd
A.C.P. w.e.f. 06.02.1999 and M.A.C.P.
w.e.f. 06.02.2009 on the basis of initial
appointment of the petitioner w.e.f.
06.02.1979 on the post of Junior Engineer
in the office of the Chief Engineer
Daltenganj (Bihar) and the grievances of
petitioner is pending without any
adjudication in the light of A.C.P. Rules
issued by the Bihar Government in
accordance with law in the interest of
justice.
(ii) For commanding the
respondent authorities for payment of
interest on the amount of Ist A.C.P., Ind
A.C.P. and M.A.C.P. in accordance with
law in the interest of justice.
(iii) For any other relief reliefs
admissible under the law in the light of
factual profile of this case in the interest of
Justice.”
3. Learned Counsel for the petitioner submits that
petitioner was appointed on the post of Junior Engineer on
06.02.1979 in the office of the Chief Engineer, Daltenganj
(Bihar) and performed his duty and obligation in the Water
Resources Department, Government of Bihar. Counsel
submits that petitioner was superannuated from the post of
Patna High Court CWJC No.4624 of 2026 dt.30-03-2026
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Junior Engineer with effect from 06.12.2009 from the Office
of the Executive Engineer, Water Seepage Division (Jal
Nisaran Pramandal), Government of Bihar, East Champaran,
Motihari. He submits that retirement and pension letter has
been issued by the Department to the petitioner on 07.09.2011
without granting the benefit of 1 st ACP, 2nd ACP as well as
MACP according to ACP Rules, 2003. He further submits
that he has filed representation vide Annexure-P/4 before the
respondent authority on 13.04.2021 but no decision has been
taken as yet.
4. Learned Counsel for the State, on the other hand,
raised preliminary objection and submits that in the year 2019
the Government of Bihar through General Administration
Department has framed a Rule, namely, the Bihar
Government Servant Grievances Redressal Rules, 2019 which
is applicable for the employees working and retired both.
Counsel submits that the petitioner’s grievance comes within
the definition of complaint made under Rule 2(c). The
definition of complaint as mentioned in Rule 2(c) which states
as follows:
“2. Definitions. - In this Rules,
unless the context otherwise requires-
Patna High Court CWJC No.4624 of 2026 dt.30-03-2026
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(c) 'Complaint' refers to all
matters relating to the service and service
benefits of serving and 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.”
5. It transpires to this Court that petitioner
Patna High Court CWJC No.4624 of 2026 dt.30-03-2026
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ought to file complaint before the Service Grievance
Redressal Officer of the concerned department.
6. As such, the present writ petition is disposed
off granting liberty to the petitioner to file complaint before
respondent No.6, the Executive Engineer, Water Seepage
Division (Jal Nisaran Pramandal), Goverrnment of Bihar, East
Champaran, Motihari, within 30 days from today and
respondent No.6, the Executive Engineer, Water Seepage
Division (Jal Nisaran Pramandal), Goverrnment of Bihar, East
Champaran, Motihari, being the Service Grievances Redressal
Officer shall pass reasoned and speaking order with regard to
the complaint of the petitioner within 60 days thereafter.
(Dr. Anshuman, J)
Mkr./-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 31.03.2026
Transmission Date
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