Ghanshyam Purvey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4017 of 2025 ====================================================== 1.
Ghanshyam Purvey Son of Late Shiv Shanker Purvey, Resident of Babhangama, P.S.- Barahat, District- Banka.
2.
Amrendra Prasad Singh, Son of Late Ram Charitra Singh, Resident of Dharm Roy, P.S.- Amarpur, District- Banka.
3.
Md. Nazam, Son of Late Md. Nasir, R/o- Lilabaran, P.O.- Auriya, P.S.- Barahat, District- Banka.
4.
Anil Kumar Yadav, Son of Late Madho Prasad Yadav, Resident of Mahesh Dih, P.S. and District Banka.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Department of Panchayati Raj Bihar, Patna.
2.
The Principal Secretary, Department of General Administration Bihar, Patna. 3.
The District Magistrate, Banka.
4.
The District Panchayati Raj Officer, Banka.
5.
The B.D.O., Dhoraiya Banka.
6.
B.D.O., Rajaun Banka.
7.
B.D.O., Katoria Banka.
8.
The Accountant General Bihar, Patna.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajib Ranjan Jha, Advocate For the Respondent/s :
Mr. Government Advocate (13) For the A.G.
:
Ms. Ritika Rani, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 17-03-2025 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 direction to the respondent-authorities to make payment of pensionary benefits under the Assured Carrier Progression scheme as well as
Patna High Court CWJC No.4017 of 2025(2) dt.17-03-2025 2/3 Modified Assured Carrier Progression scheme (herein after referred to as the 'ACP/MACP') after completion of 12/24 and 10/20/30 years of service by the petitioners who were working as Panchayat Sachiv and further direction to the respondentauthorities to make the payment of statutory as well as penal interest thereon on account of delay and latches on the part of the respondents.
3. 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, the Bihar Government Servant Grievances Redressal Rules, 2019 to deal such type of situations and petitioners have 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.
5. Upon hearing the parties, the present writ petition stands disposed off directing the petitioners to avail their remedy 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
Patna High Court CWJC No.4017 of 2025(2) dt.17-03-2025 3/3 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