Parasnath Prasad Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11464 of 2025 ====================================================== Parasnath Prasad Sinha Son of Late Dukhi Prasad @ Dukhi Mahto, Resident of Village- Mohadipur, Police Station- Asthawan, District- Nalanda. ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar.

2.

The Principal Secretary, Water Resources Department, Government of Bihar, Patna.

3.

The Joint Secretary (Management), Water Resources Department, Government of Bihar, Patna.

4.

The Under Secretary (Management), Water Resources Department, Government of Bihar, Patna.

5.

The Executive Engineer, Triveni Canal Division, Narkatiyaganj, DistrictWest Champaran. 6.

The Accountant General, Bihar, Patna.

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

For the Petitioner/s :

Mr. Satish Chandra Jha 3, Advocate For the State Mr. Rajan Prakash, AC to GA-2 For the Respondent/s :

Mr.Government Advocate (02) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT Date : 28-07-2025 Heard learned counsel for the petitioner and learned counsel for the State.

2. The present writ petition has been filed seeking a direction upon the concerned respondents to consider and grant the benefit of the 2nd Assured Career Progression (ACP) and the 3rd Modified Assured Career Progression (MACP) to the petitioner with effect from the due date, along with consequential monetary benefits and suitable interest thereon. The petitioner has further prayed for revision of all pensionary

Patna High Court CWJC No.11464 of 2025 dt.28-07-2025 2/3 benefits, including pension, in light of the grant of ACP/MACP, and for payment of the differential amount arising therefrom, along with appropriate interest.

3. Learned counsel for the State has raised a preliminary objection, submitting that the State Government has already framed the Bihar Government Servant Grievance Redressal Rules, 2019. It is further submitted that the term "complaint" under the said Rules is applicable to both serving and retired employees.

4. In response, learned counsel for the petitioner submits, based on his experience and practice, that the said Rules are not effectively functional in reality.

5. This Court has taken due note of the submissions made by the learned counsel for the petitioner and, in view of the same, directs the petitioner to first file a complaint under the aforesaid Rules. Further, the Principal Secretary, Water Resources Department, is directed to examine whether the said Rules are being effectively implemented and shall ensure that the complaint of the petitioner is dealt with in accordance with law. The matter shall be disposed of within the time frame prescribed under the said Rules.

Patna High Court CWJC No.11464 of 2025 dt.28-07-2025 3/3

6. It is made clear that the parties shall remain at liberty to take appropriate recourse under the Bihar State Litigation Policy, 2011.

(Dr. Anshuman, J) Ashwini/- AFR/NAFR CAV DATE NA Uploading Date 30/07/2025 Transmission Date NA