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Patna High CourtCWJC/5065/2026disposed

Anil Kumar Chaudhary v. The State Of Bihar

2026-04-06Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5087 of 2026 ====================================================== Arun Kumar Son of Late Janak Prasad Singh, Resident of Village- Pandeh, P.S.- Paroo, District- Muzaffarpur at present residing at Mohallah- I.G. Colony, Bhagwanpur, P.O- Bhagwanpur Chatti, P.S- Sadar, DistrictMuzaffarpur (Bihar). ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Urban Development and Housing Dept., Govt. of Bihar, Patna.

2.

Director, Urban Development and Housing Dept., Govt. of Bihar, Patna. 3.

Commissioner, Tirhut Division, Muzaffarpur.

4.

Dist. Magistrate -cum-Collector, Muzaffarpur. 5.

Nagar Ayukt, Nagar Nigam, Muzaffarpur, District- Muzaffarpur. 6.

Deputy Commissioner, Nagar Nigam, Muzaffarpur, District- Muzaffarpur. 7.

Chief Executive Officer, Nagar Nigam, Muzaffarpur, Dist.- Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arun Kumar, Advocate For the Respondent/s :

Mr. Standing Counsel (9) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT Date : 06-04-2026 Heard learned Counsel for the petitioner and learned Counsel for the State.

2. Learned Counsel for the petitioner submits that the present writ petition has been filed for a direction to the respondent-authorities to pay the benefits of the Assured Carrier Progression scheme as well as Modified Assured Carrier

Patna High Court CWJC No.5087 of 2026 dt.06-04-2026 2/3 Progression scheme (herein after referred to as the 'ACP/MACP') to the petitioner, who was posted at the post of Assistant (Tankak) in Muzaffarpur since his appointment dated 01.12.1978, and retired on 30.06.2019 from the said post without giving any promotion at the higher post with interest permissible under law.

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.

4. Upon hearing the parties, the present writ petition stands disposed off directing the petitioner 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

Patna High Court CWJC No.5087 of 2026 dt.06-04-2026 3/3 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 07.04.2026 Transmission Date