Patna High Court
Binaya Nand PathakversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The petitioners must first pursue their grievance under the Bihar Government Servant Grievances Redressal Rules, 2019, and the writ petition is disposed.
Summary
The petitioners, three former police personnel, filed a writ petition seeking a mandamus directing the State of Bihar to grant them seniority benefits, promotion-related allowances (ACP/MACP), and revised pensionary benefits, relying on a prior judgment in Ajay Kumar Singh's case. The State raised a preliminary objection, contending that such grievances must be pursued under the Bihar Government Servant Grievances Redressal Rules, 2019, which prescribe filing a complaint before a competent authority. The Court noted the petitioners' reliance on the earlier Full Bench decision in Amresh Kumar Singh v. State of Bihar. It directed the petitioners to file a complaint under the 2019 Rules within 30 days and to pursue the matter through the prescribed administrative forum. The Court further ordered that the competent authority decide the maintainability and merits within the statutory time‑frames, and consequently disposed of the writ petition.
Issues considered
- Whether the petitioners are entitled to a writ of mandamus for seniority, ACP/MACP, and pension benefits notwithstanding the existence of the Bihar Government Servant Grievances Redressal Rules, 2019.
- Whether the petitioners must first exhaust the grievance redressal mechanism under the 2019 Rules before approaching the High Court.
Subjects
- seniority
- promotion
- ACP
- MACP
- pension
- mandamus
- grievance redressal
- Bihar Government Servant Grievances Redressal Rules, 2019
- administrative law
- public service
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9225 of 2022
======================================================
1. Binaya Nand Pathak son of Late Akhila Nand Pathak, Resident of Mohalla-
Balkishunganj, Post-Gulzarbagh, PS-Alamganj, District-Patna-800007
(Bihar).
2. Nilam Kumari Wife of Sri Abhinandan Kumar Suman, Resident of 204,
Sarswati Niketan, Kidwaipuri, Post-Kidwaipuri, PS-Budhacolony, District-
Patna-800001 (Bihar).
3. Abhay Kumar son of Late Baidyanath Prasad, Resident of Baidyanath
Niketan, Near Shiv Mandir, New Jakkanpur, PS-Gardanibagh, District-
Patna-800001 (Bihar).
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Principal Secretary, Department of Home, Government of Bihar, Old
Secretariate, Patna.
3. The Principal Secretary, Department of Finance, Government of Bihar, Old
Secretariate, Patna.
4. The Director General of Police, Bihar, Sardar Patel Bhawan, Patna-800023.
5. The Inspector General of Police (Head-Quarter), Bihar, Sardar Patel
Bhawan, Patna-800023.
6. The Senior Superintendent of Police, Patna (Bihar).
7. The Superintendent of Police (D), Crime Investigation Department,
Government of Bihar, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Munna Pd. Dixit, Advocate
Mr. S. K. Dixit, Advocate
Mr. S. K.Chaubey, Advocate
Mr.Punit Ranjan Dixit, Advocate
Mr. Milind Raj Dixit, Advocate
For the Respondent/s : Mr.Md. N.H. Khan (SC1)
Md. Harun Quareshi, AC to SC-9
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
5 31-01-2026 Heard learned counsel for the petitioners and learned
counsel for the State.
2. The petitioners have filed the present writ petition
Patna High Court CWJC No.9225 of 2022(5) dt.31-01-2026
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with the following relief/s :-
“(i) For issuance of Writ in the nature of
Mandamus commanding the respondents to grant the same
benefit of seniority with effect from 04.08.1989 in favour of
Petitioners also to the post of Sub-Inspector of Police
conducted through Bihar Rajya Avar Seva Chayan
Parshad, Bihar, Patna against same Employment Notice
No.04/1985 by extending the benefit of the Order passed
by this Hon'ble Court on 16.07.1990 in C.W.J.C. No.9841
of 1989 [Ajay Kumar Singh V/s The State of Bihar &
Others] implemented by the respondents vide order dated
07.02.2013 & 2 as contained in Annexure-1 respectively
without any further delay.
(ii) For issuance of an appropriate writ(s)
/order(s) / direction(s) in the nature of Mandamus
commanding the Respondents to grant all
consequential/financial benefits including ACP/MACP and
revision of the entire pensionnary benefits with arrears in
favour of the Petitioners from the date, the said similarly
situated person Sri Ajay Kumar Singh has been granted
vide order dated 07.02.2013 as contained in Annexure-2.
iii. For further issuance of an appropriate
writ(s) / order(s) / direction(s) in the nature of Mandamus
commanding the Respondents to appropriate relief(s) any
grant for other which the Petitioners may be entitled to be
granted.”
4. Learned counsel for the State has raised a
preliminary objection and submits that for grant of
A.C.P./M.A.C.P. to a Government employee, the State has
already framed a statutory rule, namely, the Bihar Government
Servant Grievances Redressal Rules, 2019, under which the
petitioners are required to file a complaint before the competent
authority. It is further submitted that the said authority shall
consider every aspect of the grievance raised by the petitioners,
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including issues relating to promotion and A.C.P./M.A.C.P., as
contemplated under Rule 2(c)(iv) of the said Rules, 2019.
5. From the pleadings on record, it transpires that the
petitioners have placed reliance upon the judgment passed by a
learned Single Judge as well as by the Hon’ble Full Bench of
this Court in Amresh Kumar Singh vs. The State of Bihar &
Ors., reported in 2018(2) PLJR 929.
6. In view of the above, the petitioners are directed to
file a complaint before the concerned competent authority under
the Bihar Government Servant Grievances Redressal Rules,
2019 within a period of 30 days from today. The competent
authority shall decide the same strictly in accordance with law
and within the time frame prescribed under the said Rules, 2019.
7. After passing of the aforesaid order, learned
counsel for the petitioners submits that the petitioners have
already filed a representation under the Rules, 2019 before the
concerned authority, as contained in Annexure-3.
8. If that be so, the petitioners shall be at liberty to
pursue the said representation before the appropriate forum in
accordance with the provisions of the Bihar Government
Servant Grievances Redressal Rules, 2019. The concerned
authority shall first decide the issue of maintainability before the
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original or appellate forum, as the case may be, and thereafter
decide the matter on merits within the time prescribed under the
said Rules, 2019, after considering all documents annexed with
the complaint.
9. Accordingly, with the aforesaid directions, the
present writ petition stands disposed of.
(Dr. Anshuman, J)
Ashwini/-
U
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