← Library
Patna High CourtCWJC/4318/2025disposed

Sudhir Kumar v. The State Of Bihar

2025-03-21Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4318 of 2025 ====================================================== 1.

Sudhir Kumar S/o Late Ram Naresh Singh, R/o vill - Wafapur Banthu, P.O. Satpura, P.S. - Bhagwanpur, Distt. - Vaishali. 2.

Prakash Kiran, S/o Late Harendra Kumar, R/o Vill. - Parti Tola, P.O. and P.S. - Musahari, District - Muzaffarpur.

... ... Petitioner/s

Versus

1.

The State of Bihar through Chief Secretary, Govt. of Bihar. 2.

The Principal Secretary, Ministry of Home Affairs, Govt. of Bihar. 3.

The Commissioner Tirhut Division, Muzaffarpur. 4.

The District Magistrate, Vaishali.

5.

The Deputy Collectorate (Establishment), Vaishali. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Praveen Ranjan, Advocate For the Respondent/s :

Mr. Government Pleader (24) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 21-03-2025 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 with the following reliefs: " I. To direct the respondent authority to grant the pay scale of Rs. 40006000/- instead of Rs. 3050-4590/- to the petitioners from the date of their appointment, who are presently working as clerk in different offices of collectorate, Vaishali, considering the orders passed by this Hon'ble Court in L.P.A. No. 167 of 2016,

Patna High Court CWJC No.4318 of 2025(2) dt.21-03-2025 2/3 CWJC No.-4065 of 2020, CWJC No.3904 of 2023, CWJC No.18265/2024 and other analogous cases, as in light of the said orders similarly situated employees like the present petitioners have been granted the pay scale of Rs 4000-6000/- from date of their appointment.

II. To dispose the representation pending before the authority in light of the orders passed by this Hon'ble in L.A.

P.No.167 of 2016, CWJC No.4065 of 2020, CWJC NO.3904 of 2023, CWJC NO.18265/2024 and other analogous cases.

III. To further direct the respondent authority to pay the arrears of difference of salary to the petitioners in the revised scale of Rs. 4000-6000/- from the date of their appointment with all consequential benefits.

IV. To any other order/orders for which petitioner is entitled for in the facts and circumstances of the case."

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

Patna High Court CWJC No.4318 of 2025(2) dt.21-03-2025 3/3 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. In the light of the submissions made, 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./- U