Patna High Court

Dinesh DubeyversusThe State of Bihar

Decided: 12 May 2026
Disposal: DISPOSED
Bench: ANSHUMAN

Holding

The Court held that the petitioners must pursue their grievance through the Bihar Government Servant Grievance Redressal Rules, 2019 and therefore the writ petition cannot be entertained.

Summary

A group of 32 police personnel filed a writ petition seeking a mandamus directing the State of Bihar to re‑fix their pay scale in the Rs 4000‑6000 band as 1st ACP/ASI and to grant MACP benefits, contending they belong to the literate cadre and should receive the same relief as petitioners in LPA No. 458/2021. The petition also invoked the Bihar Litigation Policy 2011 and alleged discrimination in denial of the higher pay scale. The State raised a preliminary objection, stating that the Bihar Government Servant Grievance Redressal Rules, 2019 provide an exclusive remedy for service‑related grievances, and that the petitioners must file a complaint under those rules. The Court examined Rule 2(c) and Rule 3 of the 2019 Rules, noting that matters before a court are excluded from the complaint mechanism but that the petitioners’ relief falls within the defined service‑benefit complaints. Accordingly, the Court directed the petitioners to file separate complaints under the Rules within 30 days and ordered the concerned authority to decide the matters within the prescribed time‑frame. The writ petition was therefore disposed without granting the relief sought.

Issues considered

Whether the petitioners are entitled to re‑fixation of pay scale in the Rs 4000‑6000 band as 1st ACP/ASI and MACP benefits.
Whether the Bihar Government Servant Grievance Redressal Rules, 2019 provide an exclusive remedy that bars the writ petition.
Whether the petitioners fall within the ambit of the Bihar Litigation Policy 2011 and the judgment in LPA No. 458/2021.

Legislation cited

Bihar Government Servant Grievance Redressal Rules, 2019 — s. Rule 2(c), Rule 3
Right to Information Act, 2005

Subjects

pay scale fixation
ACP
MACP
service benefits
grievance redressal
mandamus
Bihar Litigation Policy 2011
discrimination
court jurisdiction

Judgment

IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9888 of 2025
======================================================
1. Dinesh Dubey Son of Late Ram Dhyan Dubey, Resident of Village/Mohalla-
Majhiyawan, Police Station- Karamchat, District- Kaimur (Bhabua). At
Presently working as Sub Inspector of Police, BSAP-19, Begusarai.
2. Madan Tiwari Son of Late Jagannath Tiwari, Resident of Village/Mohalla-
Khaira Shiv Mandir, Police Station- Dumra, District- Rohtas, At Presently
posted as Sub-Inspector of Police, BSAP-17, Begusarai.
3. Uday Narayan Pandey Son of Late Ramdev Pandey, Resident of
Village/Mohalla- Baheri, Ward No. 01, Police Station- Kolaunj, District-
Kaimur. At presently Posted as Sub-Inspector of Police, BSAP-19,
Begusarai.
4. Daroga Shukla Son of Ram Parikshan Shukla, Resident of Village/Mohalla-
Panchwati Colony, Majhauliya, Police Station- Muzaffarpur-Sadar, District-
Muzaffarpur and Presently posted as Sub-Inspector of Police, BSAP-08,
Begusarai.
5. Surendra Ram Son of Late Chhedi Ram, Resident of Village- Hematpur,
Police Station- Mainpura, District- Bhojpur and Presently posted as Sub-
Inspector of Police, BSAP-19, Begusarai.
6. Raysahab Paswan Son of Shiv Narayan Paswan, Resident of
Village/Mohalla- Naudega, Baheri, Police Station- Baheri, District-
Darbhanga and Presently posted as Sub-Inspector of Police, BSAP-17,
Begusarai.
7. Binod Kumar Pandey Son of Late Shiv Shankar Pandey, Resident of
Village- Mobarakpur, Police Station- Mohaniya, District- Kaimur (Bhabua)
and Presently posted as Sub-Inspector of Police, BSAP-19, Begusarai.
8. Sunil Kumar Singh Son of Ramashish Singh, Resident of Village- Murika,
Police Station- Sigori, District- Patna and Presently posted as Sub-Inspector
of Police, BSAP-19, Begusarai.
9. Rama Kant Pathak Son of Rajendra Pathak, Resident of Village- Panjari
Khurd, Police Station- Bishrampur, District- Palamu (Jharkhand), Presently
posted as Sub-Inspector of Police, BSAP-19, Begusarai.
10. Arbind Sharma Son of Dudheshwar Singh, Resident of Village- Faridpur,
Police Station- Prasbigha, District- Jehanabad and presently posted as
Hawaldar, BSAP-19, Begusarai.
11. Md. Nizamuddin Son of Md. Ranjan Ali, Resident of Village- Kurtha, Police
Station- Bagengola, District- Buxar and Presently posted as Hawaldar,
BSAP-19, Begusarai.
12. Rajneeti Singh Son of Late Baleshwar Singh, Resident of Village- Lakhipur,
Police Station- Salimpur, District- Patna and Presently posted as BSAP-08,
Begusarai.
13. Nawal Raj Banshi Son of Late Ram Chandra Rajbanshi, Resident of Village-
Gotrain, Police Station- Nardiganj, District- Nawada, and Presently posted
as Hawaldar, BSAP-19, Begusarai.
14. Hrideshwar Prasad Singh Son of Late Vishram Singh, Resident of
Village/Mohalla- Yourajpur, Police Station- Sahwal, District- Gajipur (UP)
and Presently posted as Hawaldar, BSAP-19, Begusarai.
Patna High Court CWJC No.9888 of 2025 dt.12-05-2026
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15. Suresh Rajak Son of Late Yugal Baitha, Resident of Mohalla- Basant Vihar
Colony, Rukanpura, Police Station- Rajeev Nagar, District- Patna and
Presently posted as Hawaldar, BSAP-19, Begusarai.
16. Bishnu Dev Choudhary Son of Late Medni Mandal, Resident of Village-
Damodarpur, Police Station- Bhagwanpur, District- Begusarai and Presently
posted as Sub-Inspector of Police, BSAP-19, Begusarai.
17. Arun Kumar Thakur Son of Late Bindeshwar Thakur, Resident of Village-
Nazirpur, Police Station- Rahika, District- Madhubani and Presently retried
true the post of Sub-Inspector of Police, BSAP-19, Begusarai.
18. Madhushudhan Rajwanshi Resident of Village- Lohianagar, Bisthapit, Police
Station- Rajgir, District- Nalanda and Presently posted as Hawaldar, BSAP-
17, Begusarai.
19. Manoj Kumar Singh Son of Late Jalgobind Paswan, Resident of Village-
Baruna, Police Station- Fatuha, District- Patna, and Presently posted as Sub-
Inspector of Police, BSAP-8, Begusarai.
20. Md. Jahangir Khan Son of Late Md. Reyazuddin Khan, Resident of Village-
Saidabad, Police Station- Bikram, District- Patna and Presently posted as
Hawaldar of Police, BSAP-08, Begusarai.
21. Sanjay Kumar Son of Amo Singh, Resident of Village- Mahua, Police
Station- Sikandra, District- Jamui and Presently posted as Hawaldar, BSAP-
08, Begusarai.
23. Krishna Kumar Singh Son of Late Surendra Singh, Resident of Village-
Bardka Lohare, Police Station- Barhara, District- Bhojpur (Ara) and
Presently posted as Hawaldar, BSAP-19, Begusarai.
24. Devratna Ram Son of Late Bajrangi Ram, Resident of Village- Bargaon,
Police Station- Azimabad, District- Bhojpur (Ara) and Presently posted as
Hawaldar ASI, BSAP-19, Begusarai.
25. RamBilash Paswan Son of Late Aghori Paswan, Resident of Village-
Asmanichak, Police Station- Rajoun, District- Banka and retired from Bihar
Special Armed Police - 19, Begusarai.
26. Kanchan Kumari Wife of Late Nand Kishore Kuwar, Resident of Village-
Saidpur, Police Station- Gopalpur, District- Bhagalpur, Late Her Husband
died on 02.12.2023 from BSAP-08, Begusarai.
27. Rambahadur Yadav Son of Jhingur Prasad Yadav, Resident of Village-
Raghunathpur, Ward No.08, Police Station- Basnahi, District- Saharsa.
28. Ram Dayal Singh Son of Late Yadu Bansh Singh, Resident of D-49, Niru
Sadan, Police Colony, Gandhi, Bihar, Police Station- Anisabad, District-
Patna and Presently working as Hawaldar, BMSP, Bhojpur, Ara.
29. Manoj Kumar Singh Son of Mukh Deo Singh, Resident of Village- Bhore,
Police Station- Bhore, District- Gopalganj, and Presently posted as Havildar,
BSAP-18, Begusarai.
30. Sujindra Kumar Son of Late Sidheshwar Singh, Resident of Village-
Sultanpur, Police Station- Makhdumpur, District- Jahanabad, and Presently
Working as Havildar, BSAP (Woman), Batalian, Sasaram.
31. Radheshyam Prasad Son of Late Sitaram Prasad, Resident of Village-
Ramobariya, Police Station- Buxar, District- Buxar and Presently Working
Patna High Court CWJC No.9888 of 2025 dt.12-05-2026
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as Sub-Inspector of Police, BSAP (Woman Batalian), Sasaram.
32. Arun Chandra Uraw Son of Late Karam Chandra Uraw, Resident of Village-
Sohara Tola, Jagdishpur, Police Station- Barari, District- Katihar, and
Presently working as Hawaldar, BSAP- 11, Jamui.

... ... Petitioner/s
Versus
1. The State of Bihar Through the Chief Secretary, Govt. of Bihar, Patna.
2. The Principal Secretary, Department of Home (Police), Government of
Bihar, Patna.
3. The Principal Secretary, Department of Finance, Government of Bihar,
Patna.
4. The Home Secretary, Government of Bihar, Patna.
5. The Director General of Police, Bihar, Patna.
6. The Additional Director General of Police (Headquarter), Bihar, Patna.
7. The Deputy Inspector General of Police (Personal), Bihar, Patna.
8. The Additional Director General of Police (Military Police), Bihar Special
Armed Police, Bihar, Patna.
9. The Commandant, Bihar Special Armed Police (BMP)-19, Begusarai.
10. The Commandant, Bihar Special Armed Police (BMP)-17, Begusarai.
11. The Commandant, Bihar Special Armed Police (BMP)-8, Begusarai.
12. The Commandant, Bihar Special Armed Police (BMP)-11, Jamui.
13. The Commandant, Bihar Special Mounted Armed Police, Bhojpur, Ara.
14. The Commandant, Bihar Special Armed Police, Mahila Battalian, Sasaram.
15. The Principal, Bihar Police Training School, Nathnagar, Bhagalpur.

... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Suman Kumar Jha, Advocate
For the State : Mr. Anil Kr. Verma (AC to AAG-9)
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN

ORAL JUDGMENT
Date : 12-05-2026

Heard learned counsel for the petitioners and

learned counsel for the State.

2. Learned counsel for the petitioners submit that

he is not pressing this writ petition with regard to petitioner no.
Patna High Court CWJC No.9888 of 2025 dt.12-05-2026
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22 namely, Nand Kishore Kuwar, as he has been wrongly added

in this writ petition.

3. As such, in the light of the submissions made,

counsel for the petitioners is directed to delete/remove the name

of petitioner no. 22 namely, Nand Kishore Kuwar from the hard

copy of the cause title page of the writ petition in course of the

day.

4. The Registry is directed to delete/remove the

name of petitioner no. 22 namely, Nand Kishore Kuwar from

the cause title page (soft copy) of the writ petition.

5. Learned counsel for the petitioners submit that

the present writ petition has been filed for the following

relief/s:-

“I. For issuance of appropriate writ in the
nature of mandamus commanding the
respondents authorities to re-fix the pay
scale of the petitioners in the scale of Rs.
4000-6000 as a 1st ACP in the Scale of
ASI/Hawaldar and to grant the benefit of
MACP which is being paid to the petitioner
in the scale of Rs. 4000-6000 in place of pay
scale of Rs. 3200-4900.
II. To declare and hold that the petitioners
falls under the literate cadre and
accordingly, they are entitled to get 1st
Patna High Court CWJC No.9888 of 2025 dt.12-05-2026
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ACP/MACP in the scale Rs. 4000-6000
against the post of ASI/Hawaldar and the
2nd ACP/MACP in the scale of Rs. 5500-
9000 against the post of S.I.
III. To grant the same benefits as the
applicant of LPA No. 458 of 2021 because
all these petitioners have also been similarly
appointed between the years 1988 to 1992.
IV. To hold that petitioners are covered by
the Judgment/order dated 26.04.2024
passed by the Division bench of this Hon'ble
Court in LPA No. 458 of 2021 and therefore,
as per clause 4.C(1) of the Bihar Litigation
Policy 2011 issued under resolution dated
31.03.2011 by the State Govt. they are also
entitled to be given the same and similar
benefits as has been given to the
appellants/petitioners of the LPA No.
458/2021 and any discrimination with the
petitioners would amount to violation /
breach of Bihar litigation policy, 2011 by
the respondent authorities.
V. And to grant any other relief/relief(s) for
which the petitioners are found entitled in
the facts and circumstances of the case.”

6. Learned counsel for the State raised preliminary

objection and submits that the Government of Bihar through

General Administration Department has framed a rule namely
Patna High Court CWJC No.9888 of 2025 dt.12-05-2026
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Bihar Government Servant Grievance Redressal Rules, 2019

(hereinafter referred to as ‘Rules of 2019’) to deal such type of

situations and the petitioners have liberty to avail the remedy by

filing complaint before the concerned authority.

7. 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
consideration then it will not be
considered as a complaint under this
system.
But further, matters relating to
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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.”

7.1. 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.
(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
Patna High Court CWJC No.9888 of 2025 dt.12-05-2026
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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.”

8. In this view of the matter, it is hereby directed to

the petitioners to avail their 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.

9. Accordingly, with the aforesaid direction, this

writ petition stands disposed off.

(Dr. Anshuman, J)
Divyansh/-
AFR/NAFR
CAV DATE NA
Uploading Date 15/05/2026
Transmission Date NA

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