Disposed¶24

Ram Niwas Singh (Havaldar No. 87) v. The State of Bihar

Patna HC15 Dec 2025CWJC/977/2022

Case brief

AI extract

What is this about?

Single-judge oral order (Dr. Anshuman, J., 15-12-2025) disposing of CWJC No.977 of 2022 on a preliminary objection of available alternative remedy: retired Havaldar's claims for second ACP w.e.f. an earlier date than 07.07.2007 (dates printed as 1.10.2025/01.10.2005), six-pay-commission pay fixation, and unpaid pension since retirement on 30.09.2021 were redirected to a complaint before the appropriate authority under the Bihar Government Servant Grievance Redressal Rules, 2019; petition disposed, merits not adjudicated, no cases cited, no quantum stated.

What did the court decide?

No substantive relief granted; petitioner directed to file a complaint before the appropriate authority under the Bihar Government Servant Grievance Redressal Rules, 2019, to be considered and disposed of within the time prescribed therein. ¶24

Ram Niwas Singh (Havaldar No. 87) Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner is entitled to mandamus for grant of the benefit of second ACP from an earlier effective date than 07.07.2007 (prayer clause I cites 1.10.2025; clause II cites 01.10.2005), with recalculation of salary, pay fixation per the six pay commission, and release thereof. +1 more

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Ratio / Principle

Accepting the State's preliminary objection that a separate forum already exists for redressal of such grievances under the Bihar Government Servant Grievance Redressal Rules, 2019, the Court did not adjudicate the second ACP, pay-fixation or pension claims, and instead directed the petitioner to avail the alternative remedy by filing a complaint before the appropriate authority, which shall consider and dispose of it in accordance with those Rules within the time prescribed therein.

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Key takeaways

With the aforesaid observation and direction, the writ petition stands disposed of; no substantive relief was granted in this writ petition.ratio¶24

Detailed headnote1 paragraphs

PATNA HIGH COURT (Dr. Anshuman, J., Oral Order, dt. 15-12-2025): Havaldar Ram Niwas Singh (Retd.), serving under the Bihar police establishment, sought mandamus for (i) grant of second ACP benefit from an earlier effective date than 07.07.2007 (prayer citing 1.10.2025 in clause I and 01.10.2005 in clause II) with recalculation of salary, pay fixation per the six pay commission and immediate release, and (ii) payment of pension withheld since his retirement from service on 30.09.2021, pension being his only post-retirement livelihood. Learned counsel for the State raised a preliminary objection that the State Government has already framed a separate forum for redressal of such grievances, namely the Bihar Government Servant Grievance Redressal Rules, 2019. In view of that submission, the Court directed the petitioner to avail the alternative remedy by filing a complaint before the appropriate authority, which shall consider and dispose of it in accordance with the Bihar Government Servant Grievance Redressal Rules, 2019 within the time prescribed therein, and disposed of the writ petition without granting substantive relief. No precedent was cited and the merits of the ACP/pension claims were not adjudicated.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.977 of 2022

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======================================================

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Ram Niwas Singh (Havaldar No. 87) Son of Late Sakaldeo Singh Resident of Village- Parriyawa, P.S.- Bikram, Dist- Patna.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Principal Secretary Home, Govt. of Bihar, Patna.

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The Director General of Police, Govt. of Bihar, Patna.

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The Inspector General, Patna Zone, Patna.

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The Deputy Inspector General, Patna Range, Patna

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The Senior Superintendent of Police, Patna

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Shivendra Kumar Sinha, Advocate For the Respondent/s : Mr. Md. N.H. Khan (SC1) : Mr. Fazle Karim, AC to SC-1 ======================================================

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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER

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3 15-12-2025 Heard learned counsel for the petitioner and the State.

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The petitioner has prayed for the following

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relief/s:-

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“I. To issue Mandamus to the respondents to grant the benefit of second ACP to the petitioner with effect from 1.10.2025 whereas they have granted benefit of second ACP to this petitioner with effect from 07.07.2007 which causes pecuniary loss to the petitioner in his salary.

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II. To further issue directions to the respondents to calculate his pension after granting him second ACP benefit with effect from 01.10.2005 and calculate salary with effect from 01.10.2025 and give him benefit of pay fixation (six pay commission) and same shall be release immediately.

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III. To further pray that petitioner had

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Patna High Court CWJC No.977 of 2022(3) dt.15-12-2025 2/2

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retired from the service on 30.09.2021 and till date respondents are not paying pension which is only source of his livelihood after retirement.”

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Learned counsel for the State has raised a preliminary objection and submitted that the State Government has already framed a separate forum for redressal of such grievances, namely the Bihar Government Servant Grievance Redressal Rules, 2019.

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In view of the aforesaid submission, the petitioner is directed to avail the alternative remedy by filing a complaint before the appropriate authority. The appropriate authority shall consider and dispose of the same in accordance with the Bihar Government Servant Grievance Redressal Rules, 2019, within the time prescribed therein.

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With the aforesaid observation and direction, the writ petition stands disposed of.

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(Dr. Anshuman, J)

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Ashwini/-

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Ram Niwas Singh (Havaldar No. 87) v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Ram Niwas Singh (Havaldar No. 87) v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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