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Patna High Court

Sujeet KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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.
Patna High Court CWJC No.7977 of 2025(2) dt.09-04-2026
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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:-

                               “(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.”
Patna High Court CWJC No.7977 of 2025(2) dt.09-04-2026
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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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