Patna High Court
Md. Shadab Alam MohnaviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The petitioner must first file a complaint under the Bihar Government Servant Grievance Redressal Rules, 2019, and the writ petition is disposed.
Summary
The petitioner, Md. Shadab Alam Mohnavi, filed a writ petition seeking mandamus to have his seniority counted from his initial recommendation and to secure promotion, claiming he is senior to a respondent. The State of Bihar contended that the petition is premature because the Bihar Government Servant Grievance Redressal Rules, 2019 require the aggrieved employee to first file a complaint. The Court examined whether the petition fell within the definition of a "complaint" under Rule 2(c) of the 2019 Rules and held that it does. Consequently, the Court directed the petitioner to file a complaint before the competent authority as per the Rules. The competent authority must then decide the grievance within the time prescribed, and the writ petition was disposed.
Issues considered
- Whether a writ petition for seniority and promotion can be entertained when the grievance is covered by the Bihar Government Servant Grievance Redressal Rules, 2019 requiring a prior complaint.
- Whether the petitioner is required to file a complaint under the 2019 Rules before approaching the High Court for mandamus.
Subjects
- seniority
- promotion
- mandamus
- grievance redressal
- administrative law
- Bihar Government Servant Grievance Redressal Rules, 2019
- procedural requirement
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6921 of 2025
======================================================
Md. Shadab Alam Mohnavi S/o- Late Aftab Alam Mohanvi, R/o- Bhusatta,
Pulpar, PO and PS- Biharsharif, District- Nalanda, Bihar- 803101.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.
2. The Principal Secretary, General Administration Department, Govt. of Bihar,
Patna.
3. The District Magistrate, Nalanda, Bihar.
4. The Block Development Officer, Bind, Nalanda, Bihar.
5. Rana Pradeep Kumar S/o- Late Vijay Kumar Singh, Presently Posted as
Upper Division Clerk in District Legal Section, Nalanda Collectorate,
Nalanda, Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Ms. Ankita Roy, Advocate
For the State : Mr. Sanjay Kumar (AC to GP-17)
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 10-03-2026 Heard learned counsel for the petitioner and learned
counsel for the State.
2. The present writ petition has been filed with the
following relief/s:-
“I. For issuance of writ of Mandamus
directing the respondent authorities to count
the seniority of the present petitioner from the
date of his initial recommendation for
appointment by the District Compassionate
Committee and place his name in the
Gradation List of Lower Division Clerks over
the seniority of the Respondent no.-5; on the
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ground that the father of the Petitioner had
died much before the father of the Respondent
no.-5 and as per the date of recommendation,
the Petitioner is senior to the private
respondent;
II. For issuance of writ of Mandamus
directing the respondent authorities to
consider the case of the petitioner for
promotion to the post of Upper Division Clerk
from the date persons junior to the petitioner
has been granted promotion.
III. For issuance of writ of Mandamus for
directing the respondent authorities to decide
the representation of the Petitioner, redressing
the grievance of the Petitioner and
accordingly, on the basis of Petitioner's
seniority he shall be appointed as a Grade III
level employee from the date of his initial
appointment;
IV. For any other relief/relief(s) for which the
petitioner is found entitled to in accordance
with law and in the facts and in the
circumstances of this case”.
3. Learned counsel for the State raised a preliminary
objection and submits that this writ petition has been filed for
demand of seniority/promotion for the petitioner. He further
submits that the Government of Bihar through General
Patna High Court CWJC No.6921 of 2025(2) dt.10-03-2026
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Administrative Department has framed a rule in the year 2019
namely, Bihar Government Servant Grievance Redressal Rules,
2019 and the petitioner has not filed any complaint under the
said rule.
4. Learned counsel for the petitioner in response
thereof submits that the petitioner has filed several
representations, but no decision has been taken. Therefore, the
writ petition be disposed off directing the authorities concerned
to take a decision on the petitioner’s representation.
5. After hearing the parties, it transpires to this Court
that the Government of Bihar through General Administrative
Department has framed a rule in the year 2019 namely, Bihar
Government Servant Grievance Redressal Rules, 2019, under
which the aggrieved person has to file a complaint. The word
complaint has been defined in Rule 2(c) of the said rule of 2019.
Admittedly, the case of the petitioner covered under the
definition of complaint.
6. In this view of the matter, the petitioner is hereby
directed to file a complaint before the competent authority
framed under the rule of 2019 and upon receiving his complaint
under the said rule, the competent authority shall pass order
within the time as specified in the said rule of 2019 itself. If, the
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petitioner is still aggrieved, then he shall move further in
accordance with the rule.
7. Accordingly, with the aforesaid direction, the
present writ petition stands disposed off.
(Dr. Anshuman, J)
Divyansh/-
U
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