Patna High Court
Arun Kumar PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The petition is not maintainable; the petitioner must first file a complaint under the Bihar Government Servant Grievance Redressal Rules, 2019.
Summary
The petitioner, Arun Kumar Paswan, a government employee, filed a writ petition seeking a mandamus directing the State of Bihar and its road construction officials to pay his salary arrears from 1 April 2016 under the Seventh Pay Commission and to grant his promotion benefits (ACP/MACP/Time‑Bond). The petition relied on a prior High Court order dated 28 January 2022 and an approval memo dated 22 April 2022, which the petitioner claimed had not been implemented. The State raised a preliminary objection that the grievance fell within the Bihar Government Servant Grievance Redressal Rules, 2019. The Court examined the definition of “complaint” under Rule 2(C) and the filing procedure under Rule 3, noting that matters already before a court are excluded from the grievance‑redressal system. The Court held that the petitioner must first file a complaint under the Rules within 30 days, after which the appropriate authority must decide the matter. Consequently, the writ petition was disposed without granting the reliefs sought.
Issues considered
- Whether the petitioner’s grievance for salary arrears and promotion benefits is maintainable as a writ petition or must be pursued under the Bihar Government Servant Grievance Redressal Rules, 2019.
Legislation cited
- Bihar Government Servant Grievance Redressal Rules, 2019 — s. Rule 2(C), Rule 3
- Right to Information Act, 2005
Subjects
- writ of mandamus
- salary arrears
- Seventh Pay Commission
- government servant grievance redressal
- promotion benefits
- administrative law
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.850 of 2025
======================================================
Arun Kumar Paswan S/o Late Tulsi Paswan, Resident of Village- Chamhera,
P.O.- Oriyawan, P.S.- Ekangarsarai, District- Nalanda.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Road Construction
Department, Govt. of Bihar, Patna.
2. The Principal Secretary, Road Construction Department, Govt. of Bihar,
Patna.
3. The Engineer in Chief-cum-Additional Commissioner-cum-Special
Secretary, Road Construction Department, Vishweshraiya Bhawan, Patna.
4. The Chief Engineer, National Highway, Public Works Department,
Vishweshraiya Bhawan, Patna.
5. The Executive Engineer, Department of Road construction National
Highway Division, Patna.
6. The Executive Engineer, Department of Road Construction National
Highway Division, Gulzarbagh, Patna.
7. The Executive Engineer, Department of Road Construction National
Highway Division, Gaya.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Jitender Kumar, Adv.
For the Respondent/s : Mr.Standing Counsel (16)
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
3 23-06-2026 Heard Learned Counsel for the petitioner and
Learned Counsel for the State.
2. The present writ petition has been filed with the
following reliefs:-
i. For issuance of a writ of mandamus
or any other appropriate writ/ writs, order/ orders,
direction/ directions commanding the concerned
respondents to fix and pay the arrears of salary of
the petitioner as per seventh pay commission since
Patna High Court CWJC No.850 of 2025(3) dt.23-06-2026
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01.04.2016 till date with statutory interest as
inspite of order of this Hon'ble Court dated
28.01.2022 passed in CWJC No.- 2948 of 2021 and
inspite of approval of the Superintendent Engineer,
National Highway Division, Dehri-on-Sone as
contained in his Memo No.-102 dated 22.04.2022,
the petitioner had not been paid the aforesaid till
date in a very illegal way by the respondents.
ii. For issuance of a writ of mandamus
or any other appropriate writ/ writs, order/ orders,
direction/ directions commanding the concerned
respondents to pay the petitioner his 1st, 2nd and
3rd ACP/MACP/ Time Bond Promotion (which
ever is applicable in the case of the petitioner) with
all consequential benefits in view of the aforesaid
order of this court and the aforesaid approval of
the competent authority taking into account his
entire period of service as petitioner has been
placed in regular service.
iii. For any other relief/ reliefs for which
the petitioner is entitled under law.
3. Learned counsel for the State has raised a
preliminary objection and submits that the grievance of the
petitioner is well covered under the Bihar Government Servant
Grievance Redressal Rules, 2019 (hereinafter referred to as the
‘Rules of 2019’).
4. In light of the submissions made by the parties and
upon perusal of the said Rule, it transpires to this Court under
Patna High Court CWJC No.850 of 2025(3) dt.23-06-2026
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Rule 2(C) of the Rule of 2019 the word ‘complaint’ has been
defined as follows :-
(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.
and procedure for filing complaint has also been
prescribed under Rule 3 of the said Rule of 2019 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
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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.
5. In this background, the petitioner is granted liberty
to file a complaint under the provisions of the Rules of 2019
within 30 days from today. Upon filing of the said complaint,
the authority concerned shall pass orders within the time
specified in the said Rules of 2019 strictly.
6. With the aforesaid observation and direction, the
present writ petition stands disposed off.
(Dr. Anshuman, J)
Prakashmani/-
U
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