Satya Narayan Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4624 of 2026 ====================================================== Satya Narayan Singh Son of Late Rameshwar Singh, Resident of VillageNahwan, Post Office- Hansadih, Police Station- Masaurhi, District- Patna. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Water Resources Department, Government of Bihar, Sinchai Bhawan, Old Secretariat Bihar, Patna- 800014.
2.
The Principal Secretary, Water Resources Department, Government of Bihar, Sinchai Bhawan, Old Secretariat, Bihar, Patna- 800014. 3.
The Engineer -in- Chief (Headquarter), Water Resources Department, Government of Bihar, 1st Floor, Sinchai Bhawan, Old Secretariat, Bihar, Patna- 800014.
4.
The Chief Engineer, Water Seepage Division (Jal Nisaran Pramandal), Government of Bihar, Muzaffarpur.
5.
The Superintending Engineer, Water Seepage Division (Jal Nisaran Pramandal), Government of Bihar, East Champaran, Motihari. 6.
The Executive Engineer, Water Seepage Division (Jal Nisaran Pramandal), Government of Bihar, East Champaran, Motihari. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Gopal Govind Mishra, Advocate For the Respondent/s :
Mr. Standing Counsel (6) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT Date : 30-03-2026 Heard Learned Counsel for the petitioner and Learned Counsel for the State.
2. The present writ petition has been filed with the following reliefs:
"(i) For issuance of writ in the nature of Mandamus for commanding the respondent authorities for payment of
2/5 benefit of Ist A.C.P. w.c.f. 06.02.1989, IInd A.C.P. w.e.f. 06.02.1999 and M.A.C.P.
w.e.f. 06.02.2009 on the basis of initial appointment of the petitioner w.e.f.
06.02.1979 on the post of Junior Engineer in the office of the Chief Engineer Daltenganj (Bihar) and the grievances of petitioner is pending without any adjudication in the light of A.C.P. Rules issued by the Bihar Government in accordance with law in the interest of justice.
(ii) For commanding the respondent authorities for payment of interest on the amount of Ist A.C.P., Ind A.C.P. and M.A.C.P. in accordance with law in the interest of justice.
(iii) For any other relief reliefs admissible under the law in the light of factual profile of this case in the interest of Justice."
3. Learned Counsel for the petitioner submits that petitioner was appointed on the post of Junior Engineer on 06.02.1979 in the office of the Chief Engineer, Daltenganj (Bihar) and performed his duty and obligation in the Water Resources Department, Government of Bihar. Counsel submits that petitioner was superannuated from the post of
3/5 Junior Engineer with effect from 06.12.2009 from the Office of the Executive Engineer, Water Seepage Division (Jal Nisaran Pramandal), Government of Bihar, East Champaran, Motihari. He submits that retirement and pension letter has been issued by the Department to the petitioner on 07.09.2011 without granting the benefit of 1st ACP, 2nd ACP as well as MACP according to ACP Rules, 2003. He further submits that he has filed representation vide Annexure-P/4 before the respondent authority on 13.04.2021 but no decision has been taken as yet.
4. Learned Counsel for the State, on the other hand, raised preliminary objection and submits that in the year 2019 the Government of Bihar through General Administration Department has framed a Rule, namely, the Bihar Government Servant Grievances Redressal Rules, 2019 which is applicable for the employees working and retired both. Counsel submits that the petitioner's grievance comes within the definition of complaint made under Rule 2(c). The definition of complaint as mentioned in Rule 2(c) which states as follows:
"2. Definitions. - In this Rules, unless the context otherwise requires-
4/5 (c) 'Complaint' refers to all matters relating to the service and service benefits of serving and retired personnel of State Government as - (1) related to appointment (2) Service confirmation related (3) related to salary payment and increment (4) Promotion, A.C.P., M.A.C.P.
related (5) priority/preference assessment related (6) related to the approval of leaves other than casual leave (7) related to salary during leave (8) related to approval and payment of allowances (9) Medical reimbursements (10) related to payment of retirement benefits such as pension, gratuity, group insurance, encashment of the unavailed leaves and payment of General Provident Fund.
However, if any of the above related matter is under any Court's consideration then it will not be considered as a complaint under this system.
But further, matters relating to disciplinary & departmental action, and transfer/posting/deputation will not be included as complaints under this. Any case, under the Right to Information Act, 2005 will also not be considered as a complaint under this system."
5. It transpires to this Court that petitioner
5/5 ought to file complaint before the Service Grievance Redressal Officer of the concerned department.
6. As such, the present writ petition is disposed off granting liberty to the petitioner to file complaint before respondent No.6, the Executive Engineer, Water Seepage Division (Jal Nisaran Pramandal), Goverrnment of Bihar, East Champaran, Motihari, within 30 days from today and respondent No.6, the Executive Engineer, Water Seepage Division (Jal Nisaran Pramandal), Goverrnment of Bihar, East Champaran, Motihari, being the Service Grievances Redressal Officer shall pass reasoned and speaking order with regard to the complaint of the petitioner within 60 days thereafter. (Dr. Anshuman, J) Mkr./- AFR/NAFR NAFR CAV DATE NA Uploading Date 31.03.2026 Transmission Date