Subodh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1825 of 2022 ====================================================== 1.

Subodh Kumar Singh son of Late Krishna Singh Designation Correspondent Clerk Posted at Superintending Engineer Building Construction Dept. Circle Office Chapra District Saran at Chapra. Permanent Address Asad Nagar Batraul Post Office Lalganj District Vaishali. 2.

Rajdeo Prasad Singh Yadav son of Late- Parmanand Rai Designation Correspondent Clerk Posted at Superintending Engineer Building Construction Dept. Circle Office Chapra District Saran at Chapra. Permanent Address Village Aloni Post Office Garkha Police Station Garkha District Saran.

3.

Prashant Kumar Sinha son of Late Ashok Kumar Sinha Designation L.D.C. Correspondent Clerk Posted at Executive Engineer Building Division, Gopalganj. Permanent Address Resident of Village Dighwan Post Office Dighwa Dubauli Police Station Baikunthpur District Gopalganj. 4.

Ravindra Kumar son of Late Ram Ayodhya Singh Designation Correspondent Clerk Posted at Executive Engineer Building Division, Gopalganj. Permanent Address Resident of Village Bhimpur Police Station Barahariya District Siwan.

5.

Ranjan Sharma son of Late Ram Najar Sharma Designation Correspondent Clerk Posted at Executive Engineer Building Division, Saran. Permanent Address Resident of Village Brahimpur Post Office Chapra District Saran. 6.

Md. Akbar Ali Ansari son of Late Muslim Ansari Designation Correspondent Clerk Posted at Building Division, Chapra, Saran retired on 30.06.2020 Permanent Address Resident of Mohallah Chhota Telpa Korar Post Office Chapra Head Office Police Station Town Thana District Saran. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar Patna. 2.

The Principle Secretary Finance Department Govt. of Bihar Patna. 3.

The Secretary (Expenditure) Department of Finance Government of Bihar, Patna.

4.

The Secretary Building Construction Department Government of Bihar Patna.

5.

The Executive Engineer Building Division Chapra Saran. 6.

The Superintending Engineer Building Circle Chapra Saran. 7.

The Executive Engineer, Building Division Gopalganj, Gopalganj. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shrinath Manjhi, Advocate For the Respondent/s :

Mrs. Smt. Anuradha Singh (SC- 21) ======================================================

2/4 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 05-01-2026 Heard learned counsel for the petitioners and learned counsel for the State.

2. Learned counsel for the petitioners submits that the present writ petition has been filed for the following reliefs:- (i) For issuance of in the nature of mandamus or any other appropriate writ/writs, order/orders and/or direction/directions to the concerned authority to rectify the pay anomaly and to provide the pay scale of Rs. 4000-6000 to the lower division instead of Rs. 3050-4590/- w.e.f. 20.12.2000 with parity to junior Account Clerk and pay scale of Rs. 45007000/- instead of Rs.4000-6000/- to the upper division Clerk/Correspondence Clerk w.e.f. 01.01.1996 with parity of senior Accounts Clerk of Works Departments who have been provided the said pay scale by virtue of resolution contained in memo No.3111 dated 25.03.2015 (Annexure-4) issued by Finance Department.

(ii) For holding and declaring that there is no rationality to provide different two pay scales of Rs.3050- 4590/- and Rs.4000-6000/- to the lower division clerk/Jr.Accounts Clerk and two different pay scale of Rs. 4000-6000/- and Rs.4500-

3/4 7000/- to the upper division Clerk/Correspondence clerk/Sr. Accounts as per norms of previous pay scales of said posts.

(iii) For issuance of direction to pay the consequential benefits i.e.

differences fo arrears w.e.f. the date when Jr. and Sr. Accounts Clerks have got the said pay scale of Rs.4000-6000/- Rs.4500-7000/- respectively.

(iv) For issuance of any other relief/reliefs for which the petitioners are found entitled in the eye of law.

3. Learned counsel for the State raised preliminary objection and submits that in the year 2019, the Bihar Government framed a rule, namely, the Bihar Government Servant Grievance Redressal Rules, 2019 (hereinafter referred to as the 'Rules of 2019'). He further submits that the grievances raised in the present writ petition fall within the category of 'complaint' as defined in Section 2(c) of the Rules of 2019. He also submits that the petitioners, instead of exhausting the provisions laid down under the said rules, have directly approached this Court.

4. In this background, the present writ petition stands disposed off, granting liberty to the petitioner to avail the remedy under the said Rules of 2019 before the Service

4/4 Grievance Redressal Officer within 30 days from today along with this order, and the said authority is hereby directed to take a decision within the stipulated period as provided in the Rules of 2019.

(Dr. Anshuman, J.) Aman Kumar/- U