Patna High Court
Vijay Jha @ Bijay JhaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The petitioner must first avail the remedy under the Bihar Government Servant Grievance Redressal Rules, 2019, and the writ petition is disposed.
Summary
The petitioner, a retired Accounts Clerk, filed a writ petition seeking mandamus for payment of deficit salary, arrears based on various Pay Commissions, strike period salary, house rent allowance, and interest. The State argued that the petition lacked supporting documents and that the reliefs should be decided by the appropriate administrative authority. The Court examined the Bihar Government Servant Grievance Redressal Rules, 2019, which provide a specific online complaint mechanism for service and retirement benefit matters, and noted that matters already before a court are excluded from that system. Since the petitioner’s claims fall within the ambit of those Rules, the Court directed him to file a complaint under the Rules within 30 days and ordered the concerned authority to decide the matter within the prescribed time frame. Consequently, the writ petition was disposed of without granting any relief.
Issues considered
- Whether a writ of mandamus can be issued for payment of salary arrears when a specific grievance redressal rule exists.
- Whether the petitioner is required to exhaust the remedy under the Bihar Government Servant Grievance Redressal Rules, 2019 before approaching the High Court.
- Whether the court has jurisdiction to entertain the writ petition in view of the statutory grievance mechanism.
Legislation cited
Subjects
- writ of mandamus
- salary arrears
- government employee grievance
- Bihar Government Servant Grievance Redressal Rules, 2019
- retirement benefits
- jurisdiction
- administrative remedy
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8443 of 2025
======================================================
Vijay Jha @ Bijay Jha S/o Late Tara Nand Jha, R/o Village- Salempur, P.S.
Falka, District - Katihar, Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Principal Secretary, Department of Finance, Government of Bihar,
Patna.
3. The Principal Secretary, Department of Personnel and Administrative
Reforms, Government of Bihar, Patna.
4. The District Magistrate, Katihar, Bihar.
5. The Block Development Officer, Kursela Block, Katihar, Bihar.
6. The Treasury Officer, Katihar, Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bhola Prasad, Advocate
Mr. Sanjeev Kumar Singh, Advocate
For the Respondent/s : Mr. Ramadhar Singh, GP-25
======================================================
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:-
“A) For issuance of a writ of
mandamus or any other appropriate writ,
order, or direction directing the respondents
to pay the petitioner his deficit salary for the
period of suspension from 19-09-1994 to
February 2000.
B) For issuance of a writ of
mandamus directing the respondents to
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release the difference of salary based on the
4th, 5th, and 6th Pay Commissions.
C) For issuance of a writ of
mandamus directing the respondents to pay
the salary for the strike period of 2009 and
house rent allowance from June 2011 to
2013.
D) For issuance of writ of
mandamus directing the respondents to pay
the petitioner interest on the delayed
payments.
E) Any other relief(s) that this
Hon'ble Court may deem fit and proper in
the facts and circumstances of the case.”
3. Learned counsel for the State submits that the
demand which has been made in the present writ petition has
not been supported by the supportive documents and it can be
decided by the concerned authorities only.
4. It transpires to this Court that all the reliefs was
either of 2009 or of 2011-2013. From the pleadings, it further
transpires that the petitioner was working as Accounts Clerk
(Najir) in Kursela Block, Katihar. It also transpires that the
petitioner was already retired on 31.01.2017 but filed his
representation for the first time after five years.
5. In response thereto, counsel for the petitioner
submits that during pendency of the criminal case he has not
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moved earlier and he moved only when he has exonerated in
criminal case then for demand of his arrears.
6. 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.
7. 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
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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.”
7.1. 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
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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
complaint application will be considered
as the complaint and further action will
be taken on the same.”
8. 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.
9. Accordingly, with the aforesaid direction, this writ
petition stands disposed of.
(Dr. Anshuman, J.)
Aman Kumar/-
U
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