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Patna High Court

Bhim YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The writ petition is not maintainable; the petitioner must pursue his grievance under the Bihar Government Servants Grievance Redressal Rules, 2019.

Summary

The petitioner, Bhim Yadav, a health department Office Assistant, filed a writ petition seeking promotion to Lower Division Clerk and appointment over junior colleagues. He claimed to have made a representation to the Director‑in‑Chief, Health Services, which remained unanswered. The court observed that the grievance falls within the Bihar Government Servants Grievance Redressal Rules, 2019 and that the petition was filed before the wrong authority, not the Service Grievances Redressal Officer. Consequently, the writ petition was dismissed and the petitioner was directed to file a formal complaint under the 2019 Rules within 30 days. The court further indicated that if the grievance remains unresolved, the petitioner may pursue further remedies as provided by the Rules.

Issues considered

  • Whether the petitioner is entitled to promotion to Lower Division Clerk under service rules.
  • Whether a writ petition is the appropriate remedy when a grievance redressal mechanism under the Bihar Government Servants Grievance Redressal Rules, 2019 exists.
  • Whether the petition is maintainable given that it was filed before the Director‑in‑Chief instead of the Service Grievances Redressal Officer.

Subjects

  • promotion
  • grievance redressal
  • writ petition
  • service matters
  • administrative law
  • Bihar
  • health department

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.8722 of 2024
                 ======================================================
                 Bhim Yadav Son of Rameshwar Yadav Resident of Village- Raigha, P.O-
                 Bhalua, P.S. Shambhuganj, District- Banka.

                                                                               ... ... Petitioner/s
                                                     Versus

           1.    The State of Bihar Through the Secretary General and Administration
                 Department Government of Bihar at Patna.
           2.    The Under Secretary General and Administration Government of Bihar at
                 Patna.
           3.    The Civil Surgeon Cum Chief Medical Officer Banka at Banka.
           4.    The District Screening Committee under health Department Through its
                 Chairman, Chief Medical Officer Banka at Banka.
           5.    Shree Ram Pravesh Prasad Son of Late Chulhai Harijan, Resident of
                 Morama (Dhouni) P.O. Morama, P.S. Rajoun, District Banka, Pin 813107.
           6.    Shree Kailash Ram Son of Late Chulhai Harijan, Resident of Morama
                 (Dhouni) P.O. Morama, P.S. Rajoun, District Banka, Pin 813107.
           7.    Shree Dinesh Harijan Son of Late Sanjay Kumar sharma Resident of
                 Vishwaspur, P.O. and P.S.- Amarpur, District Banka.
           8.    Shree Bam Bam Kumar Son of Late Sanjay Kumar sharma Resident of
                 Vishwaspur, P.O. and P.S.- Amarpur, District Banka.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr. Dr. Satyendra Kumar Srivastava, Advocate
                 For the Respondent/s   :        Mr. Government Advocate 11
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   20-02-2026                   Heard learned counsel for the petitioner and learned

                   counsel for the State.

                               2. The present writ petition has been filed for the

                   following reliefs:-

                                                      (i)   For    the    issuance      of      an
                                            appropriate writ to the respondents to
                                            consider the promotion of the petitioner for
Patna High Court CWJC No.8722 of 2024(2) dt.20-02-2026
                                            2/3




                                  the post of Parichari (Office Assistant) to the
                                  post of lower division clerk in the health
                                  department.
                                               (ii) For the issuance of an
                                  appropriate writ to the respondents to
                                  appoint the petitioner at the post of lower
                                  division clerk in place of those who are
                                  junior to the petitioner in service at the post
                                  of (Office Assistant) in the department.
                                               (iii) For the issuance of an
                                  appropriate writ/ order/direction as your
                                  lordships may deem fit and proper.


                      3. Learned counsel for the petitioner submits that, for

          the purpose of grant of his promotion, he has filed a

          representation before the Director-in-Chief, Health Services,

          Government of Bihar, but no decision has been taken thereon.

                      4. It transpires to this Court that the case of the

          petitioner comes within the definition of a complaint as

          contemplated under the Bihar Government Servants Grievance

          Redressal Rules, 2019 [hereinafter referred to as the Rules of

          2019].

                      5. It also transpires to this Court that the said

          application has been filed before the Director-in-Chief and not

          before the Service Grievances Redressal Officer of the

          department.
         Patna High Court CWJC No.8722 of 2024(2) dt.20-02-2026
                                                     3/3




                                   6. In light of the submissions made, the present

                   writ petition stands disposed off, directing the petitioners 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 grievances of the petitioners

                   strictly within the time frame prescribed under the Rules of

                   2019.

                                   7. If the grievance is not redressed, the petitioner

                   shall be at liberty to proceed further in accordance with the

                   Rules of 2019 before the appropriate authority.



                                                                  (Dr. Anshuman, J.)

Aman Kumar/-

U


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