Patna High Court
Vrinda PrasadversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The petitioner must file a complaint under the Bihar Government Servant Grievance Redressal Rules, 2019 within 30 days, and the writ petition is disposed.
Summary
Petitioner Vrinda Prasad filed a writ petition seeking the benefit of ACP/MACP, alleging that his grievance had not been addressed. The State argued that the grievance fell within the scope of the Bihar Government Servant Grievance Redressal Rules, 2019, and therefore could not be entertained by the court. The Court examined Rule 2(C) of the Rules, which defines a "complaint" to include matters such as promotion and ACP/MACP benefits, but excludes matters already before a court. The Court held that the petitioner was free to file a complaint under the Rules and directed him to do so within 30 days. Accordingly, the writ petition was disposed of without further order.
Issues considered
- Whether the petitioner’s grievance concerning ACP/MACP benefits is maintainable as a writ petition or is covered by the Bihar Government Servant Grievance Redressal Rules, 2019.
- Whether the definition of ‘complaint’ under Rule 2(C) of the Rules excludes the petitioner’s matter.
Legislation cited
Subjects
- service benefits
- ACP
- MACP
- grievance redressal
- writ petition
- Bihar
- administrative law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8717 of 2025
======================================================
Vrinda Prasad Son of Late Ram Kumar Prasad Resident of Village- Konki,
P.S.- Rohtas, District- Rohtas at Sasaram.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Social Welfare
Department, Government of Bihar, Patna.
2. The Principal Secretary, Social Welfare Department, Government of Bihar,
Patna.
3. The Director, Integrated Child Development Services, Bihar, Patna.
4. The District Magistrate, Rohtas at Sasaram.
5. The District Programme Officer, Sasaram, Rohtas.
6. The Child Development Project Officer, Rohtas.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Babu Nandan Prasad, Advocate
For the Respondent/s : Mr. Government Pleader (4)
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 28-04-2026 Heard learned counsel appearing for the petitioner
and learned counsel appearing for the State.
2. Learned counsel for the petitioner submits that the
petitioner has filed the present writ petition for granting the
benefit of ACP/MACP. In this regard, the petitioner has sent a
detailed representation on 25.01.2025 to the respondent
C.D.P.O., Rohtas.
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
Patna High Court CWJC No.8717 of 2025(2) dt.28-04-2026
2/3
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
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
Patna High Court CWJC No.8717 of 2025(2) dt.28-04-2026
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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 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.
6. With the aforesaid observation and direction, the
present writ petition stands disposed of.
(Dr. Anshuman, J.)
Aman Kumar/-
U
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