Patna High Court
Sujeet KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The petitioners must avail the remedy under the Bihar Government Servant Grievance Redressal Rules, 2019, and the writ petition is dismissed.
Summary
Five employees of the Bihar Special Armed Police, each having served more than ten years as sepoys/constables, filed a writ petition seeking mandamus directing the State to grant them benefits and arrears under the A.C.P. & M.A.C.P. Rules, 2010. The State contended that the Bihar Government Servant Grievance Redressal Rules, 2019 provide the exclusive remedy for such service‑related claims. The Court examined the definition of "complaint" and the filing procedure under Rule 2(c) and Rule 3 of the 2019 Rules, noting that matters pending before a court are excluded but service benefit issues are covered. The Court held that the petitioners must first pursue the grievance redressal mechanism and directed them to file a complaint within thirty days. Consequently, the writ petition was disposed of without granting the relief sought.
Issues considered
- Whether the petitioners can obtain mandamus for M.A.C.P. benefits directly from the High Court or must first resort to the Bihar Government Servant Grievance Redressal Rules, 2019.
Legislation cited
Subjects
- Mandamus
- Grievance Redressal
- Service Benefits
- M.A.C.P
- Bihar Government Servant Grievance Redressal Rules, 2019
- Writ Petition
- Administrative Law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7977 of 2025
======================================================
1. Sujeet Kumar son of Anil Kumar Chandravanshi, Resident of Vill-
Makhdumpur, P.O. and P.S.-Beur, Patna, Bihar-800002.
2. Mukesh Kumar Mahto, Son of Arun Prashad, Resident of Vill-Harpur Gopal,
P.O. and P.S.-Khanpur Pakri, Vaishali, Bihar-844115.
3. Md. Imteyaz Husain, son of Md. Mainuddin, Resident of Vill-Simri, P.O.
and P.S.-Simri, Buxar, Bihar-802135.
4. Sandeep Kumar, son of Jaldev Sharma, Resident of Vill-Chaita Bhatowlia,
P.O.-Chailabhar, P.S.-Majhaulia, District-West Champaran, Bihar-845454.
5. Dilip Kumar Mehra, Son of Raghunandan Mehra, Resident of Vill-
Chunabhatti Laxmi Sagar, P.O. and P.S.-Laxmi Sagar, District-Darbahnga,
Bihar-846009.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary Home Department, Govt. of
Bihar, Patna.
2. The Director General of Bihar Special Armed Police (DGPBSAP), Bihar,
Patna.
3. The Inspector General of BSAP, Muzaffarpur, Bihar, Patna.
4. The Superintendent of Police, BSAP, Muzaffarpur.
5. The Deputy Inspector General of BSAP, Muzaffarpur, Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Saroj Sharma, Advocate
Mr. Vikash Kumar, Advocate
For the State : Mr. Pratik Kumar, (AC to GA-11)
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 09-04-2026 Heard learned counsel for the petitioners and learned
counsel for the State.
2. Learned counsel for the petitioners submit that the
present writ petition has been filed for the following relief/s:-
“I. For the issuance of an appropriate writ/s,
order/s, direction/s in the nature of Mandamus
Patna High Court CWJC No.7977 of 2025(2) dt.09-04-2026
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commanding the concern respondents to
provide benefits of M.A.C.P to the petitioners
in compliance of the A.C.P & M.A.C.P rules,
2010 as he has been appointed on the post of
sepoy/constable on Trade cadre vide Adv no.
01/2011 in Bihar Military Police (now BSAP)
and have completed more than 10 years i.e. 13
years in the service.
II. For issuance of writ in the nature of
mandamus commanding the respondent
authorities to pay the arrears and other
consequential benefits in respect of the
M.A.C.P which has not been paid to the
petitioners from the period they have
completed their 10 years of service.
III. For any relief/s for which the petitioner is
in entitled and as Your Lordship may deem fit
and proper 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
(hereinafter referred to as ‘Rules of 2019’) to deal such type of
situations and petitioners have liberty to avail the remedy by
filing complaint before the concerned authority.
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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:-
“(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.”
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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
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
Patna High Court CWJC No.7977 of 2025(2) dt.09-04-2026
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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 petitioners to avail the remedy by way of filing a complaint
under the 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
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