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Patna High Court

Ratnesh LalversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The petition is dismissed and the petitioner is directed to pursue his grievance under the Bihar Government Servant Grievances Redressal Rules, 2019.

Summary

The petitioner, a retired key man‑cum‑chaukidar of the Public Health Sub‑Division, filed a writ petition seeking mandamus directing the State of Bihar to grant him the benefits of the first, second and third Additional Compensatory Pension (ACP/MACP) as per the ACP Rules, 2003 and MACP Rules, 2010, claiming he completed the requisite years of service. He also sought payment of salary and pension differences with interest, and specific salary differences for the period June 2002 to November 2006 based on a prior judgment of this Court (C.W.J.C. No.7211 of 2013). The State contended that grievances relating to such service benefits must be pursued under the Bihar Government Servant Grievances Redressal Rules, 2019, which provide a specific administrative remedy. The Court examined whether the petitioner was barred from invoking the writ jurisdiction when a statutory grievance mechanism existed. Concluding that the grievance redressal rules constitute the exclusive remedy, the Court disposed of the writ petition and directed the petitioner to file a complaint under the 2019 Rules within thirty days. The Court further held that if the grievance is not redressed, the petitioner may approach the appropriate authority as provided by the Rules.

Issues considered

  • Whether the petitioner is entitled to retroactive grant of ACP/MACP benefits under the ACP Rules, 2003 and MACP Rules, 2010.
  • Whether a writ of mandamus is the appropriate remedy for the petitioner’s claims.
  • Whether the Bihar Government Servant Grievances Redressal Rules, 2019 provide an exclusive remedy that bars the writ petition.

Subjects

  • ACP
  • MACP
  • service benefits
  • writ of mandamus
  • grievance redressal
  • public health engineering department
  • pension
  • salary differences

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.8761 of 2024
                 ======================================================
                 Ratnesh Lal son of Late Uchit Narayan Lal, resident of village- Kharka, P.O.
                 Bokhra, P.S. Nanpur District Sitamarhi, the retired Key Man-cum- Chaukidar,
                 Public Health Sub- Division, Pupri under Public Health Division, Sitamarhi,
                 District - Sitamarhi.

                                                                                 ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
           2.    The Principal Secretary, Public Health Engineering Department,
                 Government of Bihar, Bishweshwaraiya Bhawan, Bailey Road, Patna.
           3.    The Engineer-in-Chief-cum- Special Secretary, Public Health Engineering
                 Department, Government of Bihar, Bishweshwaraiya Bhawan, Bailey Road,
                 Patna.
           4.    The Chief Engineer, Public Health Engineering Department, Government of
                 Bihar, Patna.
           5.    The Superintending         Engineer,    Public    Health   Engineering     Circle,
                 Muzaffarpur.
           6.    The Executive Engineer, Public Health Division, Sitamarhi.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :          Mr. Vijay Kumar Singh, Advocate
                 For the Respondent/s   :          Mr. Santosh Kumar Mishra, AC to SC-26
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   23-02-2026                  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 issuance of an appropriate
                                            writ    in    the     nature    of   MANDAMUS,
                                            commanding and directing the Respondent
                                            Authorities to grant the benefit of first A.C.P.
                                            with effect from 09.08.1999, the benefit of
Patna High Court CWJC No.8761 of 2024(2) dt.23-02-2026
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                                  second ACP with effect from 18.08.2006 and
                                  the benefit of third MACP with effect from
                                  18.08.2012 in view of the provisions as
                                  contained under ACP Rules, 2003 as well as
                                  the MACP Rules, 2010 on the ground that
                                  the petitioner had already completed 12
                                  years of service on 09.08.1999, 24 years on
                                  18.08.2006 and 30 years on 18.08.2012
                                  since the date of services of the petitioner
                                  was taken into work charge establishment on
                                  18.08.1982.
                                               (II)      For        issuance      of    an
                                  appropriate          writ    in     the      nature   of
                                  MANDAMUS, commanding and directing
                                  the Respondent Authorities to make payment
                                  of    consequential          monetary     benefit     on
                                  account of grant of benefit of ACP/MACP to
                                  the petitioner from the due date such as
                                  differences of salary, pensionary benefits
                                  with interest.
                                               (III)     For        issuance      of    an
                                  appropriate          writ    in     the      nature   of
                                  MANDAMUS, commanding and directing
                                  the Respondent Authorities to make payment
                                  of differences of salary for the period of
                                  01.06.2002 to 30.11.2006 admissible to the
                                  work charge employees in view of the
                                  judgment and order dated 16.05.2013
                                  passed by this Hon'ble Court in C.W.J.C.
                                  No.7211 of 2013 and consequential order
Patna High Court CWJC No.8761 of 2024(2) dt.23-02-2026
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                                  issued by the department contained in memo
                                  no.925 dated 16.11.2013 on the ground that
                                  in the said period the Respondents had
                                  illegally paid the wages to the petitioner as
                                  daily wager.
                                               ( IV) For issuance of any other
                                  appropriate        writ/writs,   order   /orders,
                                  direction/directions for which the writ
                                  petitioner shall be found entitled under the
                                  facts and circumstances of the case.


                          3. Learned counsel for the petitioner submits that

          he has received the counter-affidavit today itself, therefore, he

          seeks time.

                          4. Learned counsel for the State, on the other hand,

          submits that the State of Bihar has framed a Rule, namely, the

          Bihar Government Servant Grievances Redressal Rules, 2019

          (hereinafter referred to as the “Rules of 2019”), under which

          grievances relating to the grant of benefits in all matters

          concerning the service (ACP/MACP) and service benefits of

          retired persons of the State Government are to be considered by

          way of filing a complaint before the Service Grievances

          Redressal Officer. Counsel further submits that liberty may be

          granted to avail the remedy under the Rules of 2019.

                      5. In light of the submissions made, the present writ
         Patna High Court CWJC No.8761 of 2024(2) dt.23-02-2026
                                                     4/4




                   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.

                               6. 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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