Patna High Court
Dhruv Narayan SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The writ petition is dismissed and the petitioner is directed to seek relief by filing a complaint under the Bihar Government Servant Grievance Redressal Rules, 2019.
Summary
The petitioner, a retired Panchayat Sachiv, filed a writ petition seeking the grant of second ACP/MACP benefits and accrued interest from 2011, based on a 2010 finance department resolution. The State of Bihar contended that the grievance fell within the Bihar Government Servant Grievance Redressal Rules, 2019, which prescribe an online complaint mechanism. The Court examined the definition of "complaint" under Rule 2(C) of the Rules and the procedure under Rule 3, noting that service‑benefit matters are to be addressed through that system unless already before a court. The Court directed the petitioner to file a complaint under the Rules within 30 days and held that the writ petition could not proceed. Consequently, the petition was disposed of without granting the reliefs sought.
Issues considered
- Whether the petitioner can obtain the second ACP/MACP benefits and interest through a writ of mandamus or must pursue the grievance under the Bihar Government Servant Grievance Redressal Rules, 2019.
Legislation cited
- Bihar Government Servant Grievance Redressal Rules, 2019 — s. Rule 2(C), Rule 3
- Right to Information Act, 2005
Subjects
- writ of mandamus
- service benefits
- ACP
- MACP
- grievance redressal
- Bihar
- pension
- interest
- administrative law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.631 of 2025
======================================================
Dhruv Narayan Singh S/o Late Jharilal Singh R/o Village- Jahangirpur
Patedha, Jahangirpur Paterha, P.S.- Sarai, District- Vaishali, retired as
Panchayat Sachiv from Patepur Block, District- Vaishali.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of
Panchayati Raj, Government of Bihar, Patna.
2. The Commissioner, Tirhut Division, Muzaffarpur.
3. The District Magistrate, Vaishali at Hajipur.
4. The District Panchayati Raj Officer, Vaishali at Hajipur.
5. The Block Development Officer, Patepur, Vaishali.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ravish Mishra, Adv.
For the Respondent/s : Mr.Additional Advocate General (9)
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
3 18-06-2026 Heard Learned Counsel for the petitioners and
Learned Counsel for the State.
2. The present writ petition has been filed with the
following reliefs:-
(i). For issuing writ in the nature of
Mandamus to the respondents (particularly to the
Respondent No. 3), so that the complete benefits of
second ACP/MACP, should be granted to the
petitioner with effect from the year 2011, i.e. from
the date in which he was entitled to as per the
Resolution No. 7566, dated 14.07.2010, passed by
the Finance Department Government of Bihar,
under the Transformed Finance Upgrade Rules,
Patna High Court CWJC No.631 of 2025(3) dt.18-06-2026
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2010 (Ruprantit Vriti Unnayan Yojana Niyamavali,
2010).
(ii). Further for also commanding the
respondents so that delayed interest on the accrued
ACP/MACP benefits is also paid to the petitioner
from the time it was due till his date of
superannuation which was on 31.01.2016.
(iii). For any other reliefs which the
Hon'ble High Court thinks proper and fit in the
facts and circumstances of this 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’).
6. 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.
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
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time frame specified in the said Rules of 2019.
8. With the aforesaid observation and direction, the
present writ petition stands disposed off.
(Dr. Anshuman, J)
Prakashmani/-
U
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