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Patna High Court

Vijay Jha @ Bijay JhaversusThe State of Bihar

Decided
Disposal
DISPOSED

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
Patna High Court CWJC No.8443 of 2025(2) dt.20-04-2026
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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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