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Patna High CourtCWJC/6618/2025disposed

Braj Kishore Narayan Singh v. The State Of Bihar

2026-04-21Mr. Justice Dr. Anshuman5 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6618 of 2025 1.

Braj Kishore Narayan Singh Son of Sri Naresh Singh, resident of Magistrate Colony, Road No.5, House No.A/97, Asiana, P.S. Rajeev Nagar, DistrictPatna. 2.

Harendra Kumar Dubey, Son of Late Ramayan Dubey, resident of VillageSanty, P.S.-Raghunathpur, District- Siwan. 3.

Dev Saran Raut, Son of Ram Kal Raut, resident of Village- Nagwas, P.S. Ader, District- Madhubani.

4.

Tula Nand Das, Son of Late Umakant Lal Das, resident of Village Sherpur, P.S.-Tardih, District- Darbhanga.

5.

Surendra Mahtoo, Son of Smriti Shesha Ram Sevak Mahtoo, resident of Village-Lattipur, P.S.- Bathanaha, District- Sitamarhi. 6.

Shyam Sundar Singh, Son of Late Ram Balak Singh, resident of villageKarjan, P.S.-Athamalgola, District- Patna. 7.

Baleshwar Chaudhary @ Baleshwar Kumar Chaudhary, Son of Late Rajdev Chaudhary, resident of Village- Jatamalpur Veera, P.S.- Kalyanpur, DistrictSamastipur. 8.

Savitri Kumari, Wife of Sri Arjun Prasad Sinha, resident of Village- DihaluBigaha, P.S.- Rahjgir, District- Nalanda. 9.

Manju Kumari, Wife of Nirmal Kumar, resident of 4-M-36 Bahadurpur Housing Colony, P.S.- Bahadurpur, District- Patna. 10.

Ashok Kumar, Son of Late Bangali Singh, resident of Village- Tarpar Sirnauwa, P.S.-Harnaut, District- Nalanda.

11.

Ashok Kumar Mishra, Son of Umakant Mishra, resident of Village Salaha, P.S.-Govindganj, District- East Champaran.

12.

Mithilesh Kumar Singh, Son of Late Damodar Singh, resident of Samas Bujurg, P.S.-Barbigha, District- Sheikhpura.

13.

Ramjee Rai @ Ramjee Roy, Son of Late Jawala Roy, resident of Village Barahi, P.S. Sahar, District- Bhojpur.

14.

Suresh Singh, Son of Chandrama Singh, resident of East Jantayee Pokhara, OM Nagar, District- Saran.

15.

Mritunjay Kumar, Son of Late Kanhyia Lal, resident of Village Kanaiyalal, P.S.-Sasaram, District- Rohtas.

16.

Nand Kishore Singh, Son of Lede Jay Neoraryen Singh, resident of VillageBasantpur, P.S.- Basantpur, District- Bhojpur. 17.

Md. Mokeemuddin, Son of Late Md. Moinuddin, aged resident of VillageMahalpur, P.S.-Mahalpur, District- Nalanda. 18.

Shambhu Nath Singh, Son of Late Jagdish Singh, resident of MohallaKaliket Nagar, P.S.- Danapur, District- Patna. 19.

Pramod Bihari Prasad, Son of Late Chandra Dev Prasad, resident of Mohalla- Sab Chandra Niwas Hanuman Nagar, P.S. Patrakar Nagar, Kankarbagh, District- Patna.

2/5 20.

Suresh Chandra Prasad, Son of Late Gokhul Mahatoo, resident of MohallaK.P. Tower Phase-01 Flat No.E-23, Rani Pokhar Kumhrar Chauk, P.S.- Bokaro Steel City, District- Bokaro, Jharkhand. 21.

Ram Prakash Jha, Son of Ram Bilash Jha, resident of Mohalla- R.K. Puram Gali No.2, P.S.- Muzaffarpur Town, District- Muzaffarpur. 22.

Arun Kumar Sandilya, Son of Late Shatrudhan Singh, resident of Shahapur, P.S.-Shahapur, District- Patna.

23.

Nupur Prasad, Wife of Late Krishna Prasad, resident of Flat No. G/1 Gangotri E Block Kadama, P.S.- Kadama, District- Jamshedpur, Jharkhand. 24.

Kumar Pankaj, Son of Kumar Awadhesh, resident of Village- Khariaha, P.S.- Akabarnagar, District- Bhagalpur.

25.

Dinesh Prasad Singh, Son of Late Rameshwar Prasad Singh, resident of Professor Colony Rambag, Wisdom Canvant Road, P.S. Purnea Sadar, District- Purnea.

26.

Suresh Prasad, Son of Sri Jagan Mahatoo, resident of Mohalla- Raj Kumar Nagar, P.S.- Vishnupad, District- Gaya.

27.

Kamlesh Kumar, Son of Late Bansidhari Singh, resident of Road No.5 Patel Nagar, P.S.- Shastri Nagar, District- Patna.

28.

Yugal Kishor Jha, Son of Lade Maheshurun-Tha, resident of Village- Sarath, P.S.- Sarath, District- Deoghar, Jharkhand.

29.

Mridula Kumari, Wife of Awadhesh Prasad Singh, resident of Mohalla- B.B. Ganj Yehiapur. P.S.- Muzaffarpur, District- Muzaffarpur. 30.

Krishana Kumar Singh, Son of Late Basudev Singh, resident of Durga Apartment, Flat No. 103, Mahesh Nagar, P.S.- Patliputra, District- Patna. 31.

Arun Kumar, Son of Late Ram Lal Ram, resident of Village Bagar, P.S.- Sikarhatta, District- Bhojpur.

32.

Alok Kumar Sinha, Son of Late Rajdev Prasad, resident of Rama Nand Path, New Bal Bhadrapur, P.S.- Laheriasarai, District- Darbhanga. ... ... Petitioner/s

Versus

1.

The State of Bihar through Additional Chief Secretary, Education Department, New Secretariat, Patna.

2.

Director Primary Education, Education Department, New Secretariat, Patna. 3.

Dr. S. Siddharth, Additional Chief Secretary, Educatioin Department, New Secretariat, Patna.

4.

Smt. Urmila Kumari, Deputy Director (Establishment), Education Department, New Secretariat, Patna.

5.

Accountant General Bihar, Veer Chand Patel Path, Patna. ... ... Respondent/s Appearance :

For the Petitioner/s :

Mr.Pratap Sharma, Advocate

3/5 For the State :

Mr. Sarvesh Kumar, Advocate For Accountant General :

Mrs. Ritika Rani, Advocate CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT Date : 21-04-2026 Heard learned counsel appearing for the petitioners and learned counsel appearing for the State.

2. Learned counsel for the petitioners submits that the present writ petition has been filed for grant of ACP/MACP. In this regard, the petitioners have filed a representation dated 10.02.2025 contained in Annexure P/8 to the writ petition.

5. Learned counsel for the State has raised a preliminary objection and submits that the grievance of the petitioner is well covered under the Bihar Government Servant Grievance Redressal Rules, 2019 (hereinafter referred to as the 'Rules of 2019').

6. In light of the submissions made by the parties and upon perusal of the said Rule, it transpires to this Court under Rule 2(C) of the Rule of 2019 the word 'complaint' has been defined as follows :- (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)

4/5 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.

and procedure for filing complaint has also been prescribed under Rule 3 of the said Rule of 2019 as under :

3. Procedure for filing a complaint: Procedure for registering complaints related to service matters and retirement benefits will be as follows - (a) Any employee of the Bihar State Government, serving or retired, of any group can file any complaint related to their service matters and/or retirement benefits, through online mode. In the event of death of a Government Personnel, complaint can be lodged by his/her dependent, The applicant will have to mention the details of the office / officer, his/her complaint is related to. Other relevant details will also have to be provided in the online application.

(b) In one application, complaint related to only one subject can be filed. Since no fee is required for registering a complaint, therefore, if a complainant wants relief in more than one subject then he/she has to register a separate application for it. In spite of this, if in the same application relief on more than one subject is being sought for, then in that case, the first issue mentioned in the complaint application will be considered as the complaint and further action will be taken on the same.

7. In this background, the petitioners are granted

5/5 liberty to file a complaint under the provisions of the Rules of 2019 within 30 days from today. Upon filing of the said complaint, the authority concerned shall pass orders within the time specified in the said Rules of 2019.

8. It is needless to state that the petitioners shall be afforded an opportunity of hearing in light of the statement made in the counter affidavit filed on behalf of respondent no. 2.

9. With the aforesaid observation and direction, the present writ petition stands disposed off.

(Dr. Anshuman, J) Ashwini/- AFR/NAFR CAV DATE NA Uploading Date 21.04.2026 Transmission Date NA