Mohan Lal Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11727 of 2025 ====================================================== Mohan Lal Sah Son of Nand Lal Sah, Resident of Semapur Bazar, P.S. - Barari, District- Katihar.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Additional Chief Secretary, Water Resources Department, Bihar, Patna. 3.

The Engineer-in-Chief (Central), Minor Water Resources Department, Bihar, Patna.

4.

The Deputy Secretary, Water Resources Department, Bihar, Patna. 5.

The Principal Accountant General of Bihar (A and E), Veer Chand Patel Path, Patna.

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

For the Petitioner/s :

Mr. Prabhu Nath Pathak, Advocate For the Respondent/s :

Mr. Sarvesh Kumar, G.P.-24 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT Date : 05-08-2025 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 by the petitioner with the following reliefs:- "For directing the respondents to grant 1st ACP in pay scale of Rs.650010500/- with effect from 09.09.1999 on completion of 12 years of service, 2nd ACP in pay scale of Rs.10,000 -15200/- with effect from 25.01.2003 on completion of 24

Patna High Court CWJC No.11727 of 2025 dt.05-08-2025 2/3 years of service and 3rd MACP in PB-3 with grade pay of Rs.7600 w.e.f. 25.01.2010 on completion of 30 years of service, which is pending since long as is evident from letter dated 14.01.2025 issued under the Signature of Under Secretary-cum-Public Information Officer, Water Resources Department, Bihar, Patna as contained in Annexure-P/5 to the writ petition."

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 petitioner has liberty to exhaust the remedy before the Service Grievance Redressal Officer. Counsel for the State submits that the petitioner has to avail the said remedy by way of filing the complaint under the said Rule but instead thereof he moved directly before this Hon'ble Court.

4. Upon hearing the parties, the present writ petition stands disposed off directing the petitioner to avail the remedy available before the Service Grievances Redressal Officer of the department concerned within 30 days from today and in the said rule, time frame has already been made.

Patna High Court CWJC No.11727 of 2025 dt.05-08-2025 3/3 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 and if the petitioner is found entitled, payment would be made to him.

(Dr. Anshuman, J) Mkr./- AFR/NAFR NAFR CAV DATE NA Uploading Date 07.08.2025 Transmission Date