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Patna High Court

Manoj KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The petition must be pursued through the Bihar Government Servant Grievance Redressal Rules, 2019, and the writ petition is disposed.

Summary

Manoj Kumar, a clerk in the Bihar Road Construction Department, filed a writ petition seeking his promotion to Head Clerk with retrospective benefits, including MACP allowances, alleging that the post was vacant and he was eligible. The State of Bihar contended that the Bihar Government Servant Grievance Redressal Rules, 2019 provide the exclusive remedy for such service‑related grievances and that the petitioner must file a complaint under those rules. The Court examined the definition of "complaint" and the procedure prescribed in the Rules, noting that matters pending before a court are excluded from the grievance mechanism but that the petitioner’s claim could be pursued through it. The Court directed the petitioner to file a complaint under the Rules within 30 days and ordered the concerned authority to decide the matter within the stipulated time‑frame. Consequently, the writ petition was disposed of without granting the relief sought.

Issues considered

  • Whether a writ petition for promotion and service benefits is maintainable when the Bihar Government Servant Grievance Redressal Rules, 2019 provide an alternative grievance mechanism.
  • Whether the court can directly order promotion and grant of benefits, or must the petitioner first exhaust the statutory grievance remedy.

Legislation cited

Subjects

  • promotion
  • service benefits
  • grievance redressal
  • writ petition
  • administrative law
  • Bihar Government Servant Grievance Redressal Rules, 2019
  • MACP
  • Head Clerk

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.7355 of 2026
     ======================================================
     Manoj Kumar Son of Late Manan Ram, resident of Amrudi Gali, Near- Tapan
     Press, Machua Toli, Arya Kumar Road, P.S.- Kadamkuan, District- Patna,
     PIN- 800004.

                                                                ... ... Petitioner/s
                                       Versus

1.   The State of Bihar through the Secretary, Road Construction Department,
     Govt. of Bihar, Patna.
2.   The Secretary, Road Construction Department, Govt. of Bihar, Patna.
3.   The Engineer-in-Chief, Road Construction Department, Govt. of Bihar,
     Patna.
4.   The Chief Engineer (South), N.H. Wing, Road Construction Department,
     Bihar, Patna.
5.   The Superintending Engineer, N.H. Circle, Road Construction Department,
     Dehri-on-Sone.
6.   The Executive Engineer, N.H. Division, Road Construction Department,
     Aurangabad.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :     Mr. Aditya Srijan, Advocate
     For the Respondent/s   :     Mr. U.S.S. Singh, GP-19
     ======================================================
     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. Learned counsel for the petitioner submits that the

      present writ petition has been filed for issuance of appropriate

      writ/writs, order/orders, direction/directions to the respondent

      no. 5, the Superintending Engineer, N. H. Circle, Road

      Construction Department, Dehri-on-Sone, to grant promotion to
Patna High Court CWJC No.7355 of 2026(2) dt.14-05-2026
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         the petitioner on the post of Head Clerk with effect from

         January, 2024 as the petitioner is otherwise fit for promotion and

         post of Head Clerk is vacant in the N. H. Circle, Dehri-on-Sone

         and allow all consequential benefits, including monetary and

         arrears of difference of salary and allowances. Respondent no.

         5, the Superintending Engineer, N. H. Circle, Road Construction

         Department, Dehri-on-Sone, be further directed to grant benefits

         of 1st and 2nd MACP to the petitioner from the date the

         petitioner has completed 10 and 20 years of service in view of

         Finance Department decision, as contained in letter no. 4862

         dated 29/04/2025, Annexure-P/44, which has been issued in

         compliance of different orders and judgments of Hon'ble Patna

         High Court and Hon'ble Supreme Court of India and allow all

         consequential benefits, including monetary and arrears of

         difference of salary and allowances.

                      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

         (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.
Patna High Court CWJC No.7355 of 2026(2) dt.14-05-2026
                                            3/5




                      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:-

                              “2(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 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
Patna High Court CWJC No.7355 of 2026(2) dt.14-05-2026
                                             4/5




         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
                                       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.”
             Patna High Court CWJC No.7355 of 2026(2) dt.14-05-2026
                                                         5/5




                                   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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