Patna High Court
Manoj KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
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
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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
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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
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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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