Patna High Court
Subodh KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The Court held that the petitioner must avail himself of the grievance redressal mechanism under the Bihar Government Servant Grievance Redressal Rules, 2019, and therefore the writ petition was disposed.
Summary
The petitioner, Subodh Kumar, a government employee, filed a writ petition seeking to quash an order denying him a third M.A.C.P., to correct the date of his second M.A.C.P., and to obtain the resulting pay difference. The State contended that the Bihar Government Servant Grievance Redressal Rules, 2019 provide the exclusive remedy for such service‑benefit disputes and that the petitioner must file a complaint under those rules. The Court examined the definition of “complaint” in Rule 2(c) and the filing procedure in Rule 3, noting that matters already before a court are excluded from the grievance system. It held that the petitioner is required to pursue his grievance through the prescribed online complaint mechanism within 30 days. Accordingly, the writ petition was disposed without granting any of the reliefs sought.
Issues considered
- Whether the petitioner can directly approach the High Court for relief concerning denial of M.A.C.P. benefits.
- Whether the Bihar Government Servant Grievance Redressal Rules, 2019 constitute an exclusive remedy for the grievance.
- Whether the matter falls within the definition of a “complaint” under Rule 2(c) of the Rules of 2019.
- Whether the court can direct the grant of M.A.C.P. and correction of dates in lieu of the grievance redressal process.
Legislation cited
- Bihar Government Servant Grievance Redressal Rules, 2019 — s. Rule 2(c), Rule 3
- Right to Information Act, 2005
Subjects
- service benefits
- M.A.C.P.
- grievance redressal
- writ petition
- administrative law
- eligibility
- court discretion
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7354 of 2026
======================================================
Subodh Kumar S/o Late Sri Chandrika Prasad, R/o- Andharwari, P.O.-
Andharwari, P.S- Rajauli, District- Nawada.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Finance,
Bihar, Patna.
2. The Director General of Police, Bihar, Patna.
3. The Inspector General of Police (Personnel), Bihar, Patna.
4. The Inspector General of Police (Budget/Appeal/Welfare), Government of
Bihar, Patna.
5. The Senior Superintendent of Police, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Fakhruddin Ali Ahmad, Advocate
For the Respondent/s : Mr. Government Pleader (17)
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL JUDGMENT
Date : 14-05-2026
Heard learned counsel for the petitioner and learned
counsel for the State.
2. The present writ petition has been filed with the
following reliefs:
“(a) To quash the order as contain
in letter no. 442 dated 12.09.2025 issued
under the signature of Inspector General of
Police, (Personnel), Bihar, Patna, so far it
relates to the petitioner whereby he has
wrongly been found ineligible for grant of
third M.A.C.P. on non-est ground.
(b) To direct the respondent to
Patna High Court CWJC No.7354 of 2026(1) dt.14-05-2026
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grant third M.A.C.P. to the petitioner with
effect from date of entitlement, i.e.
04.08.2018.
(c) To direct the respondent to
make correction in the date of grant of
Second M.A.C.P. with effect from
01.01.2009, instead of 11.11.2011 as
similarly situated to the petitioner has been
granted Second M.A.C.P. with effect from
01.01.2009.
(d) To direct the respondent to
grant the difference in pay scale as a result
of refixing the date of Second M.A.C.P. with
effect from 01.01.2009 and grant of third
M.A.C.P. with effect from 04.08.2018, to the
petitioner.
(e) To direct the respondent to
dispose of the representation dated
03.07.2025 submitted by the petitioner
before the Director General of Police, Bihar,
Patna.
(f) To grant any other relief/reliefs
to which the petitioner is found entitled in
the facts and circumstances of the case.”
3. Learned counsel for the State raised preliminary
objection and submits that the Government of Bihar through
General Administration Department has framed a rule namely
Bihar Government Servant Grievance Redressal Rules, 2019
Patna High Court CWJC No.7354 of 2026(1) dt.14-05-2026
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(hereinafter referred to as ‘Rules of 2019’) to deal such type of
situations and petitioner has liberty to avail his 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
system.
But further, matters relating to
disciplinary & departmental action, and
transfer / posting / deputation will not be
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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
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
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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 petitioner to avail his 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. With the aforesaid direction, this writ petition
stands disposed off.
(Dr. Anshuman, J)
Mkr./Bipin/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 16.05.2026
Transmission Date
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