Patna High Court
Kiran DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The petition is not maintainable; the petitioner must file a complaint under the Bihar Government Servant Grievance Redressal Rules, 2019.
Summary
Kiran Devi, the widow of a deceased government employee, filed a writ petition seeking direction for payment of salary arrears and benefits under the first and second M.A.C.P., including interest, and the grant of the second M.A.C.P. after 20 years of service. The State of Bihar contended that the grievance fell within the Bihar Government Servant Grievance Redressal Rules, 2019, and therefore could not be entertained as a writ. The Court examined the definition of “complaint” under Rule 2(C) of the Rules and the filing procedure under Rule 3, noting that matters already before a court are excluded from the grievance system. The Court held that the petitioner must pursue the remedy under the Rules and granted her liberty to file a complaint within 30 days. Consequently, the writ petition was disposed of without granting the reliefs sought.
Issues considered
- Whether the petitioner’s claim for salary arrears, interest and M.A.C.P. benefits is maintainable as a writ petition or must be pursued under the Bihar Government Servant Grievance Redressal Rules, 2019.
- Whether the Rules of 2019 exclude matters already before a court from being treated as a complaint.
- Whether the court can direct the respondents to pay arrears with interest in the present proceedings.
Legislation cited
- Bihar Government Servant Grievance Redressal Rules, 2019 — s. Rule 2(C), Rule 3
- Right to Information Act, 2005
Subjects
- service benefits
- salary arrears
- M.A.C.P.
- grievance redressal
- writ petition
- interest on arrears
- Bihar government
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.514 of 2025
======================================================
Kiran Devi Wife of Late Ramesh Chandra Srivastava Resident of Village-
Palhari Collage Ram Nagar Chandwa, Ara, P.S - Nawada, District- Bhojpur
Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. The Principal Secretary, General Administration Department Government of
Bihar, Patna.
3. The District Magistrate, Bhojpur (Ara), Bihar.
4. The Additional Disrict Magistrate, Establishment, Bhojpur (Ara), Bihar.
5. The District Account Officer, Bhojpur (Ara) Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mritunjay Kumar Singh, Advocate
For the Respondent/s : Mr. Addl. Advocate General (03)
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
3 16-06-2026 Heard learned counsel appearing for the petitioner
and learned counsel appearing for the State.
2. Learned counsel for the petitioner submits that the
present writ petition has been filed for the following reliefs:-
(i) For direction be issued to the
respondent to compliance the order on dated
01.07.2012 with effect from 02.03.2010
(Annexure P/1) passed by competent
authorities for payment as per pay fixation
grant under Ist M.A.C.P.
(ii) For direction be issued to the
respondents to pay arrear of salary after
granting benefit of Ist and IInd M.A.C.P with
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12% compound interest over the arrear
amount since date of entitlement till date of
payment.
(iii) For direction be issued to the
respondents also granted IInd M.A.C.P
completion of 20 years of service with effect
from 02.03.2020.
(iv) For any other relief or reliefs
as your lordships may deem fit and proper in
the facts and circumstances of the case.
3. Learned counsel for the State has raised a
preliminary objection and submits that the grievance of the
petitioner is well covered under the Bihar Government Servant
Grievance Redressal Rules, 2019 (hereinafter referred to as the
‘Rules of 2019’).
4. In light of the submissions made by the parties and
upon perusal of the said Rule, it transpires to this Court under
Rule 2(C) of the Rule of 2019 the word ‘complaint’ has been
defined as follows :-
(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
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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.
and procedure for filing complaint has also been
prescribed under Rule 3 of the said Rule of 2019 as under :
3. Procedure for filing a complaint: Procedure for
registering complaints related to service matters and
retirement benefits will be as follows -
(a) Any employee of the Bihar State Government,
serving or retired, of any group can file any
complaint related to their service matters and/or
retirement benefits, through online mode. In the
event of death of a Government Personnel,
complaint can be lodged by his/her dependent, The
applicant will have to mention the details of the
office / officer, his/her complaint is related to.
Other relevant details will also have to be provided
in the online application.
(b) In one application, complaint related to only
one subject can be filed. Since no fee is required for
registering a complaint, therefore, if a complainant
wants relief in more than one subject then he/she
has to register a separate application for it. In spite
of this, if in the same application relief on more
than one subject is being sought for, then in that
case, the first issue mentioned in the complaint
application will be considered as the complaint and
further action will be taken on the same.
5. In this background, the petitioner is granted liberty
to file a complaint under the provisions of the Rules of 2019
within 30 days from today. Upon filing of the said complaint,
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the authority concerned shall pass orders within the time
specified in the said Rules of 2019.
6. With the aforesaid observation and direction, the
present writ petition stands disposed of.
(Dr. Anshuman, J.)
Aman Kumar/-
U
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