Uday Narayan Pathak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9590 of 2025 ====================================================== 1.

Uday Narayan Pathak S/O Late Baban Pathak, R/O- Mohalla- Takiya, P.O.- Takiya, P.S.- Sasaram, Dist- Rohtas, Presently Working as Upper Division Clerk in Superintendent Office, Rohtas.

2.

Nainsi Srivastava, D/o- Late Ashok Kumar Sahay, R/o- Mohalla- Awadhoot Nagar (Bhatadhi), P.O. and P.S.- Sasaram, Dist- Rohtas, Presently Working as Clerk in the District Disaster Office, Rohtas, Sasaram. 3.

Jamshed Kumar, S/O- Late Deo Bahadur Singh, R/O- Rauza Road No.- 1, Prabhakar Road, Ward No. 28, Company Sarai, Sasaram, Dist.- Rohtas, Presently Working as Upper Division Clerk in District Confidential Section Rohtas.

... ... Petitioner/s

Versus

1.

The State of Bihar through The Additional Chief Secretary, General Administration Department, Govt. of Bihar, Patna. 2.

The Additional Chief Secretary, General administration Department, Govt. of Bihar, Patna.

3.

The District Magistrate, Rohtas.

4.

The District Establishment Committee, Rohtas through the District Magistrate, Rohtas.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gyan Shankar, Advocate For the Respondent/s :

Ms. Shatabdi Sinha, AC to SC-21 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 24-06-2025 Heard Learned Counsel for the petitioners and Learned Counsel for the State.

2. Learned Counsel for the petitioners has filed this writ petition with the following reliefs:- "I. For issuance of a writ, writ(s), order orders commanding the respondent authorities to reconsider the case of the petitioners forthwith for granting the 1st

Patna High Court CWJC No.9590 of 2025(2) dt.24-06-2025 2/3 MACP in the pay Band of -5200-20200/-, ₹ Grade Pay-2800/- instead of Grade Pay2000/- with effect from the date it was due to the petitioners as has been granted to other similarly situated employees.

II. For directing the respondents to pay the arrears of salary and other consequential benefits to the petitioners in revised pay scale after granting 1st MACP in Grade Pay - 2800/-.

₹ III. For issuance of any other writ(s), order(s), or direction(s) as may be deemed fit and proper by this Hon'ble Court."

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 Rules 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 petitioners to avail their

Patna High Court CWJC No.9590 of 2025(2) dt.24-06-2025 3/3 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