Ram Shankar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3351 of 2022 ====================================================== 1.

Ram Shankar Singh Son of Banaras Singh, Resident of Village and P.O. - Balwa Kuanwari, P.S. - Hajipur Sadar, Dist. - Vaishali. At present working as Upper Divisional Clerk at District Planning Office, Vaishali at Hajipur. 2.

Nitesh Kumar Gautam, Son of Ramchabila Singh, Resident of Village - Phatikwara, P.O. and P.S. - Desari, Dist. - Vaishali, at present working as U.D.C. at District Director Office at Hajipur. 3.

Jitendra Prabhakar Son of Ram Chandra Ram, Resident of Bidupur Bazar, P.S. - Bidupur, Dist. - Vaishali, At present working as U.D.C. at District Panchayat Office, Vaishali, Hajipur.

4.

Rajeev Ranjan, Son of Ramchandra Prasad Singh, Resident of Village - Rajapakar (West) P.O. and P.S. - Rajapakar, Dist. - Vaishali at Hajipur at present working as UDC at District Administration Branch Vaishali at Hajipur.

5.

Sudhir Kumar Rai, Son of Haridev Rai, Resident of Village - Mokhagardh, P.O. - Mokha Bazar, P.S. - Tajpur, Dist. - Samsatipur at present working as UDC at District Director Officer at Hajipur.

6.

Sampat Paity, Son of Janak Paity, Resident of Village - Sukki, P.S. - Patepur, Dist. - Vaishali, at present working as UDC at Dist. Land Acquisition Office, Vaishali at Hajipur.

7.

Md. Harish, Son of Late Md. Harran Rashid, Resident of Village - Astipur, P.O. Izra, P.S. Hajiur Sadar, Distt. - Vaishali at Hajipur. At present working as U.D.C. at Dist. General Administration Office Vaishali at Hajipur. 8.

Poonam Kumari, D/o Surya Narayan Sahni, Resident of Village - Hasanpur Surat, P.O. - Patori, P.S. - Patori, Dist. - Samastipur. at present working as UDC at District Social Security Cell, Vaishali at Hajipur. 9.

Md. Shahzade Ali, Son of Md. Sultan, Resident of Village - Kiratpur Rajaram, P.O. and P.S. - Bhagwanpur, Dist. - Vaishali at present working as UDC at District Certificate Office, Vaishali at Hajipur. 10.

Vidhan Kumar Rai, S/o Late Shiv Shankar Rai, Resident of Village - Rampur Jurawan, P.S. - Vaishali, Dist. - Vaishali at present working as UDC at District Land Acquisition Office, Vaishali at Hajipur. 11.

Mithlesh Kumar Gupta Son of Late Harinarayan Gupta, Resident of Village - Nayaganj, P.S. - Mahnar, Dist. - Vaishali at present working as UDC at Collector's Court, Vaishali at Hajipur.

12.

Vinay Kumar, Son of Late Santlal Sah, Resident of Village - Simkara, P.S. - Patepur, Dist. - Vaishali at present posted as UDC at Sub-Divisional Office, Hajipur at Hajipur.

13.

Ashok Kumar, Son of Late Baiju Sah, Resident of Village - Dharampur Jarang, P.S. - Jarang Rampur, P.O. - Patedhi Belsar, Dist. - Vaishali at present working in District Supply Office, Vaishali at Hajipur. 14.

Amresh Pandit, Son of Late Hariwansh Pandit, Resident of Village and P.O. - Daudnagar (Chakraudha) P.S. - Bidupur, Dist. - Vaishali at present working as UDC of District Legal Cell Vaishali at Hajipur.

2/4 15.

Vijay Kumar, Son of Kapileshwar Singh, Resident of Village - Gazipur, Manpur, P.S. - Baligaon, Dist. - Vaishali at present working as UDC at Block Development Office Hajipur at Hajipur.

16.

Birendra Kumar, Son of Shankar Sah, Resident of Village - Deduwa, P.O. - Sukki, P.S. - Patepur, Dist. - Vaishali at Hajipur. At present working as U.D.C. at Dist. Land Revenue and Reforms Office, Vaishali at Hajipur. 17.

Dinanath Kumar, Son of Babulal Sah, Resident of Village - Rampur Nausahan, P.O. and P.S. - Industrial Area, Hajipur, Dist. - Vaishali at Hajipur, at present working as UDC at Circle Office, Patepur, at Patepur. 18.

Sujeet Kumar Sharma, Son of Late Chitnarayan Sharma, Resident of Village - Panapur, Bateshwar Nath, P.O. - Dhandhua, P.S. - Jandaha, Dist. - Vaishali at present working as UDC at District Establishment Office, Vaishali at Hajipur.

19.

Mohan Kumar, Son of Bashist Prasad Gupta, Resident of Village - Shivganj, P.O. - Bidupur Railway Station, P.S. - Rajapakar, Dist. - Vaishali, at present working as UDC at District Establishment Office, Vaishali at Hajipur. 20.

Arbind Kumar, Son of Dasai Sahni, Resident of Village - Muhammadpur Sukki, P.O. - Sukki, P.S. - Patepur, Dist. - Vaishali at present working as UDC at Sub-Divisional Office, Mahar, at Mahnar. 21.

Manoj Kumar, Son of Late Raj Kumar Prasad, Resident of Village and P.O. - Sudhari, P.S. - Govindpur, Dist. - Nawada at present working as UDC at Circle Office, Patepur, Dist. - Vaishali.

22.

Arjun Kumar, Son of Nathuni Prasad, Resident of Village - Harpurhari, P.O. - Sahwajpur, P.S. - Patepur, Dist. - Vaishali at present working as UDC at Block Development Office, Patepur, Vaishali.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Social Welfare Department, Bihar, Patna.

2.

The Principal Secretary Dept. of Finance, Bihar at Patna. 3.

The Principal Secretary Department of General Administration, Bihar, Patna. 4.

The Director, Social Security Directorate, Social Welfare Department, Patna. 5.

The Divisional Commissioner, Tirhut Division, Muzaffarpur. 6.

The District Magistrate, Vaishali at Hajipur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mukesh Kumar Jha, Advocate Mr. Rakesh Kumar Soni, Advocate For the Respondent/s :

Mr. S.K. Mandal (SC-3) Mr. Arjun Prasad, AC to SC-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN

3/4 ORAL JUDGMENT Date : 28-01-2026 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 a direction to the respondent-authorities to pay the petitioners their first A.C.P. in the scale of 5000-8000 (Grade Pay 4200/-) in place of grade pay 2800, in view of resolution of the department of Finance dated 26.06.2003, 14.07.2010, 03.11.2011 as well as notification dated 23.03.2011 and 02.09.2013 issued by the General Administration Department but petitioners were granted their first A.C.P. in 2800 grade pay vide order dated 03.02.2016 and 16.09.2016 issued by the District Magistrate, Vaishali, on the other hand UDC of several Districts are availing the benefits of their first ACP in the scale of 5000/8000 (Grade Pay 4200/-) in the light of above mentioned resolutions and notifications issued by the Department of Finance and General Administration.

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

4/4 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.

4. 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 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./- AFR/NAFR NAFR CAV DATE NA Uploading Date 29.01.2026 Transmission Date