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Patna High Court

Md. Shadab Alam MohnaviversusThe State of Bihar

Decided
Disposal
DISPOSED

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
Patna High Court CWJC No.6921 of 2025(2) dt.10-03-2026
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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
                                            3/4




          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
             Patna High Court CWJC No.6921 of 2025(2) dt.10-03-2026
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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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