Naveen Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15339 of 2024 ====================================================== Naveen Kumar Son of Late Ram Bihar Sinha Resident of Village- Kurthoul, P.S.- Parsa Bazaar, District- Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Additional Chief Secretary, Finance Department, Government of Bihar. 3.

The Secretary, (Expenditure) Department of Finance, Government of Bihar, Patna.

4.

The Additional Chief Secretary, Road Construction Department, Government of Bihar, Patna.

5.

Engineer-in-Chief, Road Construction Department, Government of Bihar, Patna.

6.

The Chief Engineer (Mechanical), Mechanical Wing, Road Construction Department, Patna.

7.

The Superintending Engineer (Mechanical), Mechanical Circle, Patna, Road Construction Department.

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

For the Petitioner/s :

Mr. Aditya Srijan, Adv.

For the Respondent/s :

Mr. Standing Counsel (11) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 08-10-2024 Heard learned counsel for the petitioner and learned counsel for the State.

2. The present writ petition has been filed for directing the respondent authority for the following relief/s:- "I. To allow pay scale of Rs.4000-6000 having grade pay of Rs.2400/- as has been decided by this Hon'ble Court in different cases.

II. To make payment of arrears of salary, admissible in the pay scale of Rs.

Patna High Court CWJC No.15339 of 2024(2) dt.08-10-2024 2/3 4000-6000 and its corresponding higher pay scale and applicable grade pay, with effect from the date of appointment of the petitioner.

III. To make payment of interests on the amount of entire arrears.

IV. To pass any other order/orders, for which the petitioner is legally found entitled in the facts and circumstances of the case."

3. Learned Counsel for the petitioner submits that petitioner was appointed after the recommendation made by the District Compassionate Committee, Patna and was appointed against sanctioned vacant post of Lower Division Clerk and petitioner has grievances that he is entitled for salary in the pay scale of Rs.4000-6000 having grade pay of Rs.2400/- as decided by this Hon'ble Court in different cases.

4. Learned counsel for the State raised preliminary objection and submits that the petitioner has filed the writ petition in the year 2024, whereas, Government of Bihar through General Administration Department has framed a rule namely Bihar Government Servant Grievances Redressal Rules, 2019 under which, a special forum has been designated under which petitioner has liberty to file the complaint for

Patna High Court CWJC No.15339 of 2024(2) dt.08-10-2024 3/3 consideration of his claim which he has mentioned in the present writ petition.

5. In the light of the submissions made by the parties, the present writ petition stands disposed off directing the petitioner to avail his remedy under the Bihar Government Servant Grievances Redressal Rules, 2019 before the Service Grievances Redressal Officer within 30 days along with the order passed by this Court. And Service Grievances Redressal Officer is hereby directed to take decision on the petitioner's complaint in accordance with law as well as all the points which he has mentioned in the present writ petition strictly within the time frame specified in the said rule i.e. Bihar Government Servant Grievances Redressal Rules, 2019.

(Dr. Anshuman, J) Divyansh/- U