Patna High Court
Gulab Chand RamversusThe State of Bihar through Principal Secretary,
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The petitioner must pursue the remedy under the Bihar Government Servant Grievance Redressal Rules, 2019, and the writ petition is disposed.
Summary
Gulab Chand Ram, a government employee, filed a writ petition seeking a mandamus directing the Water Resource Department to grant him the benefits of the 1st ACP pay scale (Rs.5000‑8000) and to modify an earlier order that gave him a lower pay scale, citing several precedents. The State argued that the Bihar Government Servant Grievance Redressal Rules, 2019 provide the exclusive remedy for such service‑related grievances. The Court examined Rule 2(c) and Rule 3 of the 2019 Rules, which define a "complaint" and prescribe an online filing procedure, and noted that matters already before a court are excluded from the grievance system. The Court held that the petitioner must first exhaust the grievance redressal mechanism and therefore dismissed the writ petition. The petition was consequently disposed, with a direction to the petitioner to file a complaint under the Rules within 30 days.
Issues considered
- Whether the petitioner can obtain relief through a writ of mandamus for service benefits or must first resort to the Bihar Government Servant Grievance Redressal Rules, 2019.
- Whether the grievance redressal Rules bar judicial intervention in matters relating to pay scale and ACP benefits.
Legislation cited
Subjects
- mandamus
- service benefits
- pay scale
- ACP
- grievance redressal
- administrative law
- writ jurisdiction
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8859 of 2025
======================================================
Gulab Chand Ram Son of Late Ram Lochan Ram Resident of Village- Indrath
Khurd, Police Station - Bikarmganj, District- Rohtas.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Water Resource Department,
Government of Bihar, Patna.
2. The Principal Secretary, Water Resource Department, Government of Bihar,
Patna.
3. The Chief Engineer, Irrigation Creation, Water Resource Department, Dehri.
4. The Executive Engineer, Sone Canal Division, Water Resource Department,
Ara.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Raj, Advocate
For the Respondent/s : Mr. Additional Advocate General (7)
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 18-04-2026 Heard learned counsel for the petitioner and learned
counsel for the State.
2. Learned counsel for the petitioner submits that the
present writ petition has been filed for the following relief/s:-
“I. Issuance of writ in the nature of mandamus
for a direction to the Respondent authority to
grant the benefits of 1st ACP w.e.f. 28.12.2005
in the pay scale of Rs.5000-8000 (Revised Pay
scale PB-2-9300-34800 Grade pay 4200) to
the Petitioner along with consequential
monetary benefits in the light of judgment of
Full bench of this Hon'ble Court passed in the
case of Kamod Narayan Kumar @ Kumud
Patna High Court CWJC No.8859 of 2025(2) dt.18-04-2026
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Narayan Kumar vs the State of Bihar and
other (C.W.J.C. No. 12521/2022) and the
judgment passed by the Hon'ble Supreme
Court in the case of Amresh Kumar Singh &
Ors. Vs. The State of Bihar & Ors.: 2023 (2)
PLJR (SC) 423 by which the Hon'ble Court
settled the law that passing of departmental
examination is not essential to get the benefits
of ACP/MACP.
II. Issuance of further direction to the
Respondent authority to modify the order
contained in Letter No.2759 dated 27.08.2009
issued by the Chief Engineer, Irrigation
Creation, Water Resource Department, Dehri
by which the benefits of 1st MACP granted to
the Petitioner w.e.f. 28.12.2005 in the pay
scale of Rs. 4000-6000 in place of Rs.5000-
8000/- as the said pay scale has been granted
to the similarly situated person namely
Nageshwar Prasad Yadav in the light of
direction this Hon'ble Court.
III. Issuance of further direction to the
Respondent authority to grant the similar
benefits to the Petitioners as granted to the
similarly situated persons of Nageshwar
Prasad Yadav and others in the light of Bihar
State Litigation Policy as well as in the light
of judgment passed in the case of 2008 (4)
PLJR 125 and 2011 (3) PLJR 588 & ((2006) 2
SCC 747) by the Hon'ble Courts.”
Patna High Court CWJC No.8859 of 2025(2) dt.18-04-2026
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3. Learned counsel for the State raised preliminary
objection and submits that the Government of Bihar through
General Administration Department has framed a rule namely
Bihar Government Servant Grievance Redressal Rules, 2019
(hereinafter referred to as ‘Rules of 2019’) to deal such type of
situations and petitioner has liberty to avail his remedy by filing
complaint before the concerned authority.
4. Upon perusal of the said Rules of 2019, it transpires
to this Court that under Rule 2(c) of the Rules of 2019, the word
‘complaint’ has been defined, which reads as under:-
“(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
Patna High Court CWJC No.8859 of 2025(2) dt.18-04-2026
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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.”
4.1. And the procedure for filing a complaint has also
been prescribed under Rule 3 of the Rules of 2019, which reads
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 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.
Patna High Court CWJC No.8859 of 2025(2) dt.18-04-2026
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(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 view of the matter, it is hereby directed to
the petitioner to avail his remedy by way of filing a complaint
under Rules of 2019 before the concerned authority, within 30
days from today. The concerned authority is directed to decide
this matter according to the time frame specified in the said
Rules of 2019 itself.
6. Accordingly, with the aforesaid direction, this writ
petition stands disposed off.
(Dr. Anshuman, J)
Divyansh/-
U
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