Created by Fuzzy Cloud

Patna High Court

Daroga SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.