Bhim Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8722 of 2024 ====================================================== Bhim Yadav Son of Rameshwar Yadav Resident of Village- Raigha, P.OBhalua, P.S. Shambhuganj, District- Banka. ... ... Petitioner/s

Versus

1.

The State of Bihar Through the Secretary General and Administration Department Government of Bihar at Patna.

2.

The Under Secretary General and Administration Government of Bihar at Patna.

3.

The Civil Surgeon Cum Chief Medical Officer Banka at Banka. 4.

The District Screening Committee under health Department Through its Chairman, Chief Medical Officer Banka at Banka. 5.

Shree Ram Pravesh Prasad Son of Late Chulhai Harijan, Resident of Morama (Dhouni) P.O. Morama, P.S. Rajoun, District Banka, Pin 813107. 6.

Shree Kailash Ram Son of Late Chulhai Harijan, Resident of Morama (Dhouni) P.O. Morama, P.S. Rajoun, District Banka, Pin 813107. 7.

Shree Dinesh Harijan Son of Late Sanjay Kumar sharma Resident of Vishwaspur, P.O. and P.S.- Amarpur, District Banka. 8.

Shree Bam Bam Kumar Son of Late Sanjay Kumar sharma Resident of Vishwaspur, P.O. and P.S.- Amarpur, District Banka. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dr. Satyendra Kumar Srivastava, Advocate For the Respondent/s :

Mr. Government Advocate 11 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 20-02-2026 Heard learned counsel for the petitioner and learned counsel for the State.

2. The present writ petition has been filed for the following reliefs:- (i) For the issuance of an appropriate writ to the respondents to consider the promotion of the petitioner for

Patna High Court CWJC No.8722 of 2024(2) dt.20-02-2026 2/3 the post of Parichari (Office Assistant) to the post of lower division clerk in the health department.

(ii) For the issuance of an appropriate writ to the respondents to appoint the petitioner at the post of lower division clerk in place of those who are junior to the petitioner in service at the post of (Office Assistant) in the department.

(iii) For the issuance of an appropriate writ/ order/direction as your lordships may deem fit and proper.

3. Learned counsel for the petitioner submits that, for the purpose of grant of his promotion, he has filed a representation before the Director-in-Chief, Health Services, Government of Bihar, but no decision has been taken thereon.

4. It transpires to this Court that the case of the petitioner comes within the definition of a complaint as contemplated under the Bihar Government Servants Grievance Redressal Rules, 2019 [hereinafter referred to as the Rules of 2019].

5. It also transpires to this Court that the said application has been filed before the Director-in-Chief and not before the Service Grievances Redressal Officer of the department.

Patna High Court CWJC No.8722 of 2024(2) dt.20-02-2026 3/3

6. In light of the submissions made, the present writ petition stands disposed off, directing the petitioners to avail the remedy under the Rules of 2019 within 30 days from today by filing a complaint. Upon such filing before the authority concerned / Service Grievances Redressal Officer, the said authority shall decide the grievances of the petitioners strictly within the time frame prescribed under the Rules of 2019.

7. If the grievance is not redressed, the petitioner shall be at liberty to proceed further in accordance with the Rules of 2019 before the appropriate authority. (Dr. Anshuman, J.) Aman Kumar/- U