Sudha Kumari Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Sudha Kumari Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

None of the prayed-for monetary/service benefits adjudicated. Petitioners directed to avail their remedy before the Service Grievances Redressal Officer of the department within 30 days, and the Service Grievances Redressal Officer directed to decide the matter strictly within the time frame prescribed by the Bihar Government Servant Grievances Redressal Rules, 2019.

Issue for consideration

Whether petitioner no.1 is entitled to first ACP with effect from 9.8.1999 in grade pay PB-2+4800 and second MACP with effect from 1.1.2009 in grade pay PB-3+5400, and petitioner no.2 to 3rd MACP with effect from 10.12.2020 in pay band PB-03-15,600-39,100 + grade pay 6600, with arrears of salary and revised pensionary benefits including gratuity and leave encashment, on par with similarly situated employees of the department who received such benefits in compliance of the Full Bench order dated 28.06.2024 in CWJC No.18727/2017 and the Bihar State Litigation Policy, 2011. +1 more

Ratio / Principle

Without adjudicating the claimed ACP/MACP and pensionary entitlements on merits, the writ petition stands disposed of with a direction to the petitioners to avail their remedy before the Service Grievances Redressal Officer of the department within 30 days.

Key takeaways

The Service Grievances Redressal Officer is directed to decide the matter strictly according to the time frame specified in the Bihar Government Servant Grievances Redressal Rules, 2019, the said Rule already containing a time frame.ratio¶35

Detailed headnote1 paragraphs

PATNA HIGH COURT (Oral Order, Single Judge) — Dr. Anshuman, J. — Civil Writ Jurisdiction Case No.3994 of 2025, decided 17-03-2025 — Service law / ACP-MACP / alternative remedy. Two petitioners connected with the Rural Works Department sought first ACP w.e.f. 9.8.1999 (grade pay PB-2+4800) and second MACP w.e.f. 1.1.2009 (grade pay PB-3+5400) for petitioner no.1, and 3rd MACP w.e.f. 10.12.2020 (PB-03-15,600-39,100 + grade pay 6600) for petitioner no.2, with arrears of salary and revision of pensionary benefits including gratuity and leave encashment, pleading parity with similarly situated employees of the department who obtained such benefits in compliance of the Full Bench order dated 28.06.2024 in CWJC No.18727/2017 (Kamlanand Thakur V/s The State of Bihar & Ors) and invoking the Bihar State Litigation Policy, 2011; their representation (Annexure-P/8 Series) dated 10.12.2024 had gone unactioned. The State raised a preliminary objection that grievances of this nature fall to be redressed under the Bihar Government Servant Grievances Redressal Rules, 2019 before the Service Grievance Redressal Officer. Held: the Court did not examine the pay/pension claims; the writ petition was disposed of directing the petitioners to approach the Service Grievances Redressal Officer within 30 days, and the Officer was further directed to decide the matter strictly within the time frame specified in the 2019 Rules.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3994 of 2025

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Sudha Kumari W/o Late Virendra Kumar Thakur, Village and Post- Arniya, P.S.-Jandaha, Dist-Vaishali.

Chandeshwar Ram S/o Late Soharai Ram Village and Post-Digghi Kala, P.S.-Hajipur Sadar, Dist-Vaishali.

... ... Petitioner/s

Versus

The State of Bihar through the Principal Secretary, Rural works Department, Govt. of Bihar, Patna.

The Principal Secretary, Rural works Department, Govt. of Bihar, Patna.

The Additional Chief Secretary, General administration Department, Govt. of Bihar, Patna.

The Principal Secretary, Finance Department, Govt. of Bihar, Patna.

The Engineer-in-Chief-cum-Special Secretary, Rural works Department, Govt. of Bihar, Patna.

The Chief Engineer, Rural works Department, Govt. of Bihar, Patna.

The Superintending Engineer, Rural works Circle, Chapra at Patna.

The Superintending Engineer, Rural works Circle, Sasaram.

The Executive Engineer, Rural Works Department, Works Division, Darbhanga.

The Executive Engineer, Rural Works Department, Works Division, Samastipur.

... ... Respondent/s

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Appearance : For the Petitioner/s : Mr. Siyaram Pandey, Advocate For the Respondent/s : Mr. Standing Counsel (22) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER

2 17-03-2025 Heard Learned Counsel for the petitioners and

Learned Counsel for the State.

The present writ petition has been filed with the following reliefs:-

“I. Grant first ACP with effect from

Patna High Court CWJC No.3994 of 2025(2) dt.17-03-2025

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9.8.1999 in the grade pay PB-2+4800/and second MACP with effect from 1.1.2009 in grade pay PB-3+5400/with all consequential benefits including arrear of salary and accordingly revised the Pensionary benefit and its arrears in case of petitioner no.1 and be pleased to grant 3rd MACP in the revised pay band PB-03-15,600-39,100+ grade pay 6600/- with effect from 10.12.2020 with all consequential benefits including payment of arrear and accordingly revise the Pensionary benefit and arrears in case of petitioner no.2 as a policy decision of the state as so many similarly situated employees of the department has provided the same benefits in compliance of the order dated-28.06.2024 passed in CWJC No.18727/2017 (Kamlanand Thakur V/s The State of Bihar & Ors) (Full Bench Order) and in compliance of the Bihar State Litigation Policy, 2011.

II. To make the service of the petitioners continue for all effects and purposes and for all consequential benefits specially for grant of three promotions after completion of 10,20 & 30 years of service with due dates and accordingly revise the pensionary benefits including

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Gratuity and Leave Encashment.

III. And/or be pleased to pass such other order/orders which may be deemed fit and proper in the facts and circumstances of the case.”

Learned Counsel for the petitioners submits that his case is covered under a decision of this Court dated 28.06.2024 passed in CWJC No.18727 of 2017, a Full Bench decision. He further submits that his case is covered under Bihar State Litigation Policy, 2011. He submits that the petitioners have filed representation (Annexure-P/8 Series) on 10.12.2024 but nothing has happened till date.

Learned counsel for the State, on the other hand, raised preliminary objection and submits that the Government of Bihar through General Administration Department has framed a Rule, namely, Bihar Government Servant Grievances Redressal Rules, 2019 to deal such type of situations and petitioner has liberty to exhaust the remedy before the Service Grievance Redressal Officer. Counsel for the State submits that the petitioners have to avail the said remedy by way of filing the complaint under the said Rule but instead thereof they moved directly before this Hon’ble Court.

Upon hearing the parties, the present writ petition stands disposed off directing the petitioner to avail his remedy

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before the Service Grievances Redressal Officer of the department within 30 days from today and in the said rule, time frame has already been made. Therefore, Service Grievances Redressal Officer is hereby directed to decide this matter strictly according to the time frame specified in the said Rule i.e., Bihar Government Servant Grievances Redressal Rules, 2019.

(Dr. Anshuman, J)

Mkr./- U