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Patna High Court

Rajiv RanjanversusThe State of Bihar

Decided
Disposal
DISPOSED

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
                                                     2/4




                 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
                                            3/4




          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
                                                        4/4




                                          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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