Patna High Court
Ratnesh LalversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
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
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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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