Patna High Court
Asha MosesversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The petition is dismissed and the petitioners are directed to pursue their grievance through the Bihar Government Servant Grievance Redressal Rules, 2019 before seeking judicial relief.
Summary
Three petitioners filed a writ petition before the Patna High Court seeking mandamus directing the State of Bihar and the Bihar Public Service Commission (BPSC) to revise the dates of grant of their first and second Assistant/Deputy Commissioner posts, extend benefits, fix pay, and pay arrears with interest. The State contended that the Bihar Government Servant Grievance Redressal Rules, 2019 provide an exclusive remedy for such service‑related grievances. The Court examined Rule 2(c) and Rule 3 of the 2019 Rules, which define a "complaint" and prescribe an online filing procedure, and held that the petitioners must first exhaust this administrative remedy. Consequently, the Court directed the petitioners to file a complaint under the Rules within 30 days and dismissed the writ petition. The petition was therefore disposed of without any substantive order on the merits.
Issues considered
- Whether a writ petition challenging service‑related benefits is maintainable when a specific grievance redressal mechanism under the Bihar Government Servant Grievance Redressal Rules, 2019 exists.
- Whether the petitioners are required to exhaust the administrative remedy provided by the Rules before approaching the High Court.
- Whether the Court can issue mandamus directing the BPSC to revise dates of appointment and grant arrears without prior filing of a complaint under the Rules.
Legislation cited
Subjects
- writ petition
- mandamus
- service benefits
- Bihar Public Service Commission
- grievance redressal
- administrative remedy
- ACP
- MACP
- pay arrears
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6625 of 2026
======================================================
1. Asha Moses Daughter of Lt. Henry Moses, Resident of Magadh Colony,
Kurji, P.O.- Sadakat Ashram, P.S.- Digha, Patna, Pin- 800013.
2. Samir Kumar Sinha, Son of Late Sachidanand Sinha, R/o House no. 3/7,
Anandpuri, West Boring Canal Road, P.O. Patna GPO, P.S. S.K. Puri, Dist. -
Patna, Bihar, Pin - 800001.
3. Pradeep Kumar, Son of Late Lakhan Rana, Resident of Vill.- Itkhori, Post
and P.S. - Itkhori, Dist. - Chatra, Jharkhand- 825408. Presently residing at
Q.No. 165/800, L.B.S. Nagar, Patna, P.S.- Shashtrinagar, Dist. - Patna,
800023.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Bihar Public Service Commission, through its Secretary, 15, Nehru Path
(Bailey Road), Patna - 800001.
3. The Secretary, Bihar Public Service Commission, 15, Nehru Path (Bailey
Road), Patna- 800001.
4. The Additional Chief Secretary, General Administration Department,
Government of Bihar, Patna.
5. The Secretary, (Expenditure), Finance Department, Government of Bihar,
Patna.
6. The Principal Secretary, Finance Department, Government of Bihar, Patna.
7. The Accountant General, Bihar, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Nivedita Nirvikar, Sr. Advocate
Mr. Amarshakti, Advocate
Mr. Arya Achint, Advocate
For the State : Mr. Subhash Chandra Mishra (AC to SC-16)
For the BPSC : Mr. Sanjay Pandey, Advocate
Mr. Nishant Kumar Jha, Advocate
Mr. Prabhakar Pahepuri, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 30-04-2026 Heard learned Senior counsel for the petitioners,
learned counsel for the State and learned counsel for the Bihar
Public Service Commission (B.P.S.C.).
2. Learned Senior counsel for the petitioners submit
that the present writ petition has been filed for issuance of an
Patna High Court CWJC No.6625 of 2026(2) dt.30-04-2026
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appropriate writ(s), order(s) or direction(s) for grant of the
following relief/s:-
“I. For issuing appropriate writ(s), order(s)
or direction(s), to in the nature of mandamus
commanding the respondents to revise and
correct the dates of grant/approval of 1st ACP,
2nd ACP/MACP from the date of their joining.
II. For issuing appropriate writ(s), order(s) or
direction(s) to the respondents to extend the
benefits given to the petitioners of CWJC No.
11707/2012 (Chhathu Charan Singh and Ors.
vs The Bihar Public Service Commission and
Ors.)
III. For issuing appropriate writ(s), order(s)
or direction(s) to the Respondent Bihar Public
Service Commission to fix the pay of the
petitioners after revising the date of their 1st
and 2nd ACP/MACP.
IV. For directing the commission to pay the
difference pay arrear and other consequential
benefits of the petitioners, by reckoning their
services from their respective dates of initial
joining, and to grant all consequential
financial and retiral benefits including arrears
with interest.
V. For any other relief/reliefs deemed fit and
appropriate by the Hon’ble Court.”
3. Learned counsel for the State raised preliminary
Patna High Court CWJC No.6625 of 2026(2) dt.30-04-2026
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objection and submits that the Government of Bihar through
General Administration Department has framed a rule namely
Bihar Government Servant Grievance Redressal Rules, 2019
(hereinafter referred to as ‘Rules of 2019’) to deal such type of
situations and petitioners have liberty to avail their remedy by
filing complaint before the concerned authority.
4. Upon perusal of the said Rules of 2019, it transpires
to this Court that under Rule 2(c) of the Rules of 2019, the word
‘complaint’ has been defined, which reads as under:-
“(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
Patna High Court CWJC No.6625 of 2026(2) dt.30-04-2026
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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.”
4.1. And the procedure for filing a complaint has also
been prescribed under Rule 3 of the Rules of 2019, which reads
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
Patna High Court CWJC No.6625 of 2026(2) dt.30-04-2026
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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 view of the matter, it is hereby directed to
the petitioners to avail their remedy by way of filing a complaint
under Rules of 2019 before the concerned authority, within 30
days from today. The concerned authority is directed to decide
this matter according to the time frame specified in the said
Rules of 2019 itself.
6. Accordingly, with the aforesaid direction, this writ
petition stands disposed off.
(Dr. Anshuman, J)
Divyansh/-
U
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