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Patna High Court

Asha MosesversusThe State of Bihar

Decided
Disposal
DISPOSED

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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