Patna High Court
Rajiv RanjanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The petition for promotion must be pursued through the Bihar Government Servant Grievance Redressal Rules, 2019; the writ petition is disposed.
Summary
The petitioners, four peons employed in various education department offices in Bihar, filed a writ petition seeking a direction for their promotion to Class‑III posts. They relied on a representation dated 28‑01‑2026. The State argued that the grievance fell within the Bihar Government Servant Grievance Redressal Rules, 2019, which prescribe an online complaint mechanism for service‑related matters, including promotion. The Court examined Rule 2(c) and Rule 3 of the Rules, noting that matters pending before a court are excluded from the grievance system but promotion claims must be pursued through it. Accordingly, the Court granted the petitioners liberty to file a complaint under the Rules within 30 days and ordered the concerned authority to decide the matter per the Rules, disposing of the writ petition. The order effectively directed the petitioners to use the statutory grievance redressal mechanism rather than the writ jurisdiction.
Issues considered
- Whether a writ petition for promotion to Class‑III post can be entertained directly, or must the petitioners first pursue relief under the Bihar Government Servant Grievance Redressal Rules, 2019?
Legislation cited
Subjects
- promotion
- service grievance
- writ petition
- Bihar government
- grievance redressal rules
- administrative law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5284 of 2026
======================================================
1. Rajiv Ranjan Son of Late Mahesh Pandey, resident of village- Hakma, Post
Office-Garkha, Police Station - Garkha, District -Saran at Chapra. At present
posted and working as Peon in the office of the Block Education Officer,
Amnour, District - Saran at Chapra.
2. Bikramaditya Bharadwaj, son of Late Anil Kumar, resident of village -
Amlori, Police Station - Siwan Muffasil, District - Siwan. At present posted
and working as Peon in the office of the District Education Officer, Siwan.
3. Binay Kumar Singh, son of late Belash Singh, resident of Village and Post
Office- Bhitbherwan, Police Station - Gopalganj, District Gopalganj. At
present posted and working as peon in the District Institute of Education and
Training, Thawe, Gopalganj.
4. Sanjay Kumar, son of late Dinanath Ram, resident of village -Srinagar Ke
Tola, Koila Deva, Post Office-Koila Deva, Police Station - Fulwariya,
District - Gopalganj. At present posted and working as Peon in the office of
the District Education Officer, Saran at Chapra.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.
2. The Additional Chief Secretary, Education Department, Govt. of Bihar,
Patna.
3. The Additional Chief Secretary, Finance Department, Govt. of Bihar, Patna.
4. The Additional Chief Secretary, General Administrative Department, Govt.
of Bihar, Patna.
5. The Director, Secondary Education, Education Department, Govt of Bihar,
Patna Bihar, Patna.
6. The Under Secretary, Secondary Education, Education Department, Govt. of
Bihar, Patna.
7. The Regional Deputy Director of Education, Saran Division, Chapra.
8. The District Education Officer, Saran at Chapra.
9. The District Programme Officer (Establishment), Saran at Chapra.
10. The District Education Officer, Siwan.
11. The District Programme Officer (Establishment), Siwan.
12. The District Education Officer, Gopalganj.
13. The District Education Officer (Establishment), Gopalganj.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Umesh Kumar Mishra, Advocate
For the Respondent/s : Mr. Sanjay Kumar, AC to GP-23
======================================================
Patna High Court CWJC No.5284 of 2026(2) dt.09-04-2026
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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 09-04-2026 Initially, learned counsel for the petitioners submits
that due to inadvertent mistake in para1 wrong date has been
mentioned. As such, he seeks permission to correct the said
mistake, in course of the day.
2. Permission granted. He may correct the said
mistake during course of the day.
3. Heard learned counsel appearing for the petitioners
and learned counsel appearing for the State.
4. Learned counsel for the petitioners submits that the
present writ petition has been filed for a direction to the
respondent authorities to promote the petitioners on Class-III
post. In this regard, the petitioners have filed a representation
dated 28.01.2026, as contained in Annexure P/8 to the writ
petition.
5. 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’).
6. In light of the submissions made by the parties and
upon perusal of the said Rule, it transpires to this Court under
Patna High Court CWJC No.5284 of 2026(2) dt.09-04-2026
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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
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
Patna High Court CWJC No.5284 of 2026(2) dt.09-04-2026
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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.
7. In this background, the petitioners are 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, the authority concerned shall pass orders within the
time specified in the said Rules of 2019.
8. With the aforesaid observation and direction, the
present writ petition stands disposed off.
(Dr. Anshuman, J)
Ashwini/-
U
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