Patna High Court
Daroga SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The petitioner must avail his remedy by filing a complaint under the Bihar Government Servant Grievance Redressal Rules, 2019, and the writ petition is disposed.
Summary
Daroga Singh, a former employee of the Minor Irrigation Department, filed a writ petition seeking the issuance of his first, second and third ACP, payment of salary arrears from December 1987 to December 1989 with 18% compound interest, and related benefits. The State of Bihar contended that the Bihar Government Servant Grievance Redressal Rules, 2019 provide the exclusive remedy for such service‑related grievances. The Court examined Rule 2(c) and Rule 3 of the 2019 Rules, which define a "complaint" and prescribe an online filing procedure, and noted that matters already before a court are excluded from being treated as a complaint under the Rules. The Court held that the petitioner must pursue his claim by filing a complaint under the Rules within 30 days, and that the writ petition could not be entertained directly. Accordingly, the petition was disposed of with directions to the petitioner to use the grievance redressal mechanism. The decision underscores the primacy of statutory grievance procedures over judicial intervention in service matters.
Issues considered
- Whether the petitioner is entitled to relief by writ for salary arrears and ACP benefits, or must resort to the Bihar Government Servant Grievance Redressal Rules, 2019.
- Whether the grievance redressal Rules exclude matters already before a court from being considered a complaint.
- Whether the court can direct payment of salary with interest in the absence of a complaint under the Rules.
Legislation cited
Subjects
- service benefits
- grievance redressal
- writ petition
- salary arrears
- ACP
- Bihar Government Servant Grievance Redressal Rules, 2019
- administrative law
- court jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7953 of 2025
======================================================
Daroga Singh Son of Late Deep Narayan Singh, Resident of Village- Sasraon,
P.S- Asaon, District- Siwan.
... ... Petitioner/s
Versus
1. The State of Bihar through Chief Engineer, Minor Irrigation Department,
Govt. of Bihar, Patna.
2. The Chief Engineer, Minor Irrigation Department, Govt. of Bihar, Patna.
3. The Superintending Engineer, Minor Irrigation Department, Govt. of Bihar,
Siwan.
4. The Executive Engineer, Minor Irrigation Department, Govt. of Bihar,
Begusarai.
5. The Executive Engineer, Minor Irrigation Department, Govt. of Bihar,
Siwan.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ramanuj Tiwary, Advocate
For the Respondent/s : Mr. Government Pleader (05)
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 09-04-2026 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 an
appropriate writ(s), order(s) or direction(s) directing the
respondent to consider the case of the petitioner and give the 1 st,
2nd & 3rd ACP to the petitioner with all consequential and
monetary benefits. And further the respondents may be directed
to make the payment of salary of the petitioner which was due
from 20.12.1987 to 22.12.1989 with 18% compound interest till
the entire payments are made. And/or pass such other order(s) as
this Court may deem fit and proper.
Patna High Court CWJC No.7953 of 2025(2) dt.09-04-2026
2/4
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.
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
Patna High Court CWJC No.7953 of 2025(2) dt.09-04-2026
3/4
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
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.
Patna High Court CWJC No.7953 of 2025(2) dt.09-04-2026
4/4
(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.”
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. Accordingly, with the aforesaid direction, this writ
petition stands disposed off.
(Dr. Anshuman, J)
Divyansh/-
U
Checking your session…