Kamal Pasi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10721 of 2025 ====================================================== Kamal Pasi Son of Late Anup Pasi Resident of Dumari Khal T.V. Center, Ward no 01, B.M.P 7, Katihar Amdabad, P.S Sahayak Katihar, District Katihar.

... ... Petitioner/s

Versus

1.

The State of Bihar through The Director, ICDS Directorate, Government of Bihar, Patna.

2.

The District Magistrate, District- Katihar.

3.

The District Programme Officer, I.C.D.S. District- Katihar. 4.

The Child Development Programme Officer, District- Katihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Rajan Prakash, AC to GA-2 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT Date : 15-07-2025 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 issuance of writ of mandamus directing the respondent authorities to dispose of the representation dated 23-05-2025 as contained in Annexure-P/3 of this writ application by which it was requested from the respondent authorities to make payment of salary of the petitioner for the period 01-04-1995 till 11-

Patna High Court CWJC No.10721 of 2025 dt.15-07-2025 2/3 10-1995 during which he was under suspension but latter on exonerated from all charges in departmental proceeding as well as acquitted in criminal case.

II. For issuance of writ of mandamus directing the respondent authority to grant of ACP and MACP benefit with interest payable to him and fixation of his pension accordingly as he was exonerated from all charges in departmental proceeding as well as acquitted in criminal case.

III. For issuance of writ/writs, order/orders direction/directions in his favor in the fact and circumstance of the case."

3. Learned Counsel for the petitioner submits that for grant of relief he has filed representation before the Director, ICDS Directorate, Government of Bihar, Patna, on which no decision has been taken as mentioned by him.

4. Learned Counsel for the State raised preliminary objection and submits that the reliefs which the petitioner has demanded in the present writ petition has the subject matter of the Rules, namely, the Bihar Government Servant Grievances Redressal Rules, 2019. Learned Counsel submits that the said Rule is applicable to the employee in service as well as retired

Patna High Court CWJC No.10721 of 2025 dt.15-07-2025 3/3 employee. As such, the petitioner ought to file his complaint under the said Rule.

5. In that view of the matter, the writ petition is disposed off directing the petitioner to avail his remedy under the Bihar Government Servant Grievances Redressal Rules, 2019 and file complaint within thirty days before the respondent concerned, who shall take a decision in this matter within the period specified under the Rule.

(Dr. Anshuman, J) Mkr./- AFR/NAFR NAFR CAV DATE NA Uploading Date 17.07.2025 Transmission Date