Patna High Court
Chandrakala DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The writ petition is dismissed and the petitioners are directed to pursue their grievance under the Bihar Government Servant Grievances Redressal Rules, 2019.
Summary
The petitioners, Chandrakala Devi and Sushila Devi, filed a writ petition seeking that the State of Bihar grant their husbands the same pay scales (Rs.6500-10500 for 1st ACP and Rs.10000-15200 for 2nd ACP) as awarded in CWJC No.18433 of 2016 and affirmed by the Apex Court on 25‑April‑2023, invoking the Bihar State Litigation Policy, 2011. The State raised a preliminary objection, contending that grievances regarding service benefits must be addressed under the Bihar Government Servant Grievances Redressal Rules, 2019, which require filing a complaint with the Service Grievances Redressal Officer. The petitioners argued that they could still approach the court. The Court held that the appropriate remedy is the grievance redressal mechanism prescribed by the Rules of 2019 and therefore dismissed the writ. It directed the petitioners to file a complaint under the Rules within 30 days, after which the authority must decide the grievance within the stipulated time.
Issues considered
- Whether the petitioners may obtain relief through a writ petition for grant of pay scales, or must pursue the grievance under the Bihar Government Servant Grievances Redressal Rules, 2019.
- Whether the prior judgment in CWJC No.18433 of 2016 and the Apex Court decision compel the State to grant the specified pay scales to the petitioners' husbands.
Subjects
- writ petition
- pay scale
- government servant
- service benefits
- Bihar State Litigation Policy
- grievance redressal
- administrative law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9355 of 2024
======================================================
1. Chandrakala Devi W/o Late Ram Vilash Singh, Resident of Mohalla- Adarsh
Nagar, Mohanpur Road, P.O and P.S. and District- Samastipur.
2. Sushila Devi W/o Late Srikant Sharma, R/o Mohalla- Ashiyana Nagar,
Srinagar Road No.-7A, P.O Ashiyana Nagar, P.S.- Shastri Nagar, District-
Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through its Finance Secretary, Finance Department, Govt.
of Bihar, Patna.
2. The Principal Secretary to Govt., Rural Works Department, Bihar, Patna.
3. The Principal Secretary, Public Health Engineering Department,
visheshwaraiya Bhawan, Baily Road, Patna.
4. The Superintending Engineer, Rural Works Department, work circle,
Samastipur.
5. The Superintending Engineer, Public Health Engineering Circle, Patna.
6. The Executive Engineer, Rural Works Department, work division,
Samastipur.
7. The Executive Engineer, Public Health Division, Patna west.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amit Anand, Advocate
For the Respondent/s : Mr. Government Pleader (14)
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 24-02-2026 Heard learned counsel for the petitioners and learned
counsel for the State.
2. The present writ petition has been filed for the
following reliefs:-
(i) That by this writ application,
the petitioners seek indulgence of this
Hon'ble Court for issuance of an
appropriate writ or writs, direction or
directions commanding the Respondents to
consider and grant of similar pay scale of
Rs.6500-10500 [P.B.-2+4800] in 1st ACP
Patna High Court CWJC No.9355 of 2024(2) dt.24-02-2026
2/3
and Rs.10000-15200 [Pay Band-3 + 6600]
in 2nd ACP on behalf of her husband, in the
light of the judicial order passed in CWJC
No.18433 of 2016 and analogous cases,
which has been affirmed by the Hon'ble
Apex Court on 25.4.2023 as well as the
clause 4 C (1) of the Bihar State Litigation
Policy, 2011 under Chapter-IV and the said
pay scale has been granted to the similarly
situated persons by Resolution of the
Finance Department, Bihar bearing Memo
No. 163 dated 8.1.2016.
(ii) That an appropriate writ or
direction be issued commanding the
Respondents to consider and grant the same
pay scale, which has been granted to the
similarly situated persons by its Memo
No.163 dated 8.1.2016 and Memo no.2162
dated 28.2.2024, in view of the clause 4 C
(1) of une Bihar State Litigation Policy,
2011.
(iii) That an appropriate writ or
direction be also issued commanding them to
revised the pay scale accordingly and grant
all consequential benefit with retiral
benefits.
(iv) Any other relief or reliefs
may be granted to the petitioners as they are
found legally entitled to in the facts and
circumstances of the case.
Patna High Court CWJC No.9355 of 2024(2) dt.24-02-2026
3/3
3. Learned counsel for the State raised a
preliminary objection and 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 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.
4. Learned counsel for the petitioners 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
petition stands disposed of, 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.
(Dr. Anshuman, J.)
Aman Kumar/-
U
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