Patna High Court
Bhim YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
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
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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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