Patna High Court
Kamini KumariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The petition must be pursued under the Bihar Government Servants Grievance Redressal Rules, 2019, and the Court will not entertain the writ relief.
Summary
Kamini Kumari filed a writ petition seeking exemption from a computer examination and the release of her annual increment and related arrears, invoking a 2021 recommendation by the Deputy Labour Commissioner. The State of Bihar opposed the relief, contending that the petitioner was not entitled to any. The Court examined the Bihar Government Servants Grievance Redressal Rules, 2019, which classify salary and increment matters as grievances to be addressed through a complaint mechanism, not through writ jurisdiction, unless a court is already considering the matter. The Court refrained from adjudicating the merits and directed the petitioner to file a complaint under the Rules within 30 days, after which the appropriate authority must decide the grievance within the prescribed time. No substantive relief was granted by the Court.
Issues considered
- Whether the petitioner is entitled to exemption from the computer examination and release of annual increment and arrears under writ jurisdiction.
- Whether the grievance concerning salary increment falls within the ambit of the Bihar Government Servants Grievance Redressal Rules, 2019, thereby precluding relief by a writ.
Legislation cited
Subjects
- writ petition
- grievance redressal
- salary increment
- exemption
- service benefits
- administrative law
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8163 of 2025
======================================================
Kamini Kumari W/o Subodh Kumar Sinha, Residence of 22- Regency Garden
New Patliputra Colony, P.S- Patliputra, District- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Labour
Resources Department, Government of Bihar, Patna.
2. The Labour Commissioner, Labour Resources Department, Government of
Bihar, Patna.
3. The Joint Labour Commissioner, Labour Resources Department,
Government of Bihar, Patna.
4. The Deputy Labour Commissioner, Gaya Division, Gaya.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sushil Kumar Jha, Advocate
For the Respondent/s : Mr. Government Pleader (18)
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 20-04-2026 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 the following reliefs:-
“I. The respondents be directed to
exempt the petitioner from passing the
computer examination as per the
recommendation of respondent Deputy
Labour Commissioner vide letter no. 837 dt.
22.06.2021 and accordingly release the
annual increment of the petitioner.
II. The respondents be directed to
release the arrears on revision of pay after
Patna High Court CWJC No.8163 of 2025(2) dt.20-04-2026
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extending the benefits of annual increment
and other consequential benefits including
the pensionary benefits.
III. The petitioner be extended any
other relief/ reliefs for which she found
entitled.”
3. Learned counsel for the State, on the other hand,
submits that the petitioner is not entitled to any relief.
4. It transpires to this Court that the State of Bihar has
framed a Rule, namely, the Bihar Government Servants
Grievance Redressal Rules, 2019 (hereinafter referred to as the
Rules of 2019), in which Section 2(c)(3) provides that benefits
related to salary payments and increments fall within the
purview of a complaint. The definition of “complaint” as
contemplated under the Rules of 2019 states as follows:-
“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)
Patna High Court CWJC No.8163 of 2025(2) dt.20-04-2026
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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.”
5. This Court, without entering into the merits or
demerits of the case, directs the petitioner to avail the remedy
under the Rules of 2019 within 30 days from today by filing a
complaint. Upon such filing before the authority concerned /
Service Grievances Redressal Officer, the said authority shall
decide the grievance of the petitioner strictly within the time
frame prescribed under the Rules of 2019.
(Dr. Anshuman, J.)
Aman Kumar/-
U
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