Anugrah Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11842 of 2025 ====================================================== Anugrah Prasad S/o Late Dwarika Mahto, Resident of Village- Barara, P.S. Noorsarai, District- Nalanda, at present posted as Jeep Driver in Public Health Engineering Department (P.H.E.D), Sub-Division, Bihar Sharif, Nalanda. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Principal Secretary, Public Health Engineering Department, Government of Bihar, Patna.

3.

The District Magistrate, Nalanda.

4.

The Deputy Secretary, Public Health Engineering Department, Government of Bihar, Patna.

5.

The Superintending Engineer, P.H.E.D., Patna Circle, Patna. 6.

The Executive Engineer, Public Health Engineering Division, Bihar Sharif, Nalanda.

7.

The Sub-Divisional Officer, P.H.E.D. Bihar Sharif Sub-Division, Nalanda. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Government Pleader (23) ====================================================== 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 with the following reliefs:- "I. For direction to the concerned Respondents for grant of 3rd A.C.P.

(M.A.C.P.) to the petitioner w.e.f. 20.09.2020 and pay the consequential monetary benefits with interest as several employees similarly

Patna High Court CWJC No.11842 of 2025 dt.05-08-2025 2/3 situated to the petitioner have already granted the benefit of 3rd M.A.C.P.

II. For a direction to the concerned Respondents to pay the due salary for the period 01.05.2000 to 24.02.

2005 to the petitioner with interest.

III. For grant of any other relief/ reliefs for which the petitioner be found entitled under the facts and circumstances of the case and in the interest of justice."

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 remedy before the Service Grievances Redressal Officer of the department within 30 days from today and in the said rule, time

Patna High Court CWJC No.11842 of 2025 dt.05-08-2025 3/3 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./- AFR/NAFR NAFR CAV DATE NA Uploading Date 07.08.2025 Transmission Date