Manoranjan Prasad Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19167 of 2024 ====================================================== Manoranjan Prasad Sinha Son of Late Beni Madhav Prasad Resident of atDewashram Bhawan, Khagaul Road, Opp.- SBI, Mithapur, P.S.- Jakkanpur, District- Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar the through Additional Chief Secretary, Rural Works Department, Govt. of Bihar, Patna.

2.

The Chief Engineer-1, Rural Works Department, Patna. 3.

The Superintendent Engineer, Rural Works Department, Patna Circle, Patna. 4.

The Executive Engineer, Rural Works Department, (Works Division), Patna. 5.

The Treasury Officer, Patna.

6.

The Accountant General (A and E), Bihar, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pranav Kumar, Advocate Mr. Alok Kumar, Advocate For the State :

Mr. Government Advocate (2) For the Respondent No. 6 :

Mr. Arun Kumar Arun, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 17-02-2026 Learned counsel for the petitioner, learned counsel for the State and learned counsel for the Accountant General (A and E), Bihar, Patna are present.

2. The present writ petition has been filed for the following relief:- "For issuance of a writ of mandamus commanding upon the respondents to grant the benefits of first, second and third ACP to the petitioner in terms of Modified

Patna High Court CWJC No.19167 of 2024(3) dt.17-02-2026 2/3 Assured Career Progression Scheme'

2010 (In short MACP 2010) notified vide Finance Departments' memo no.7566 dated 14.07.2010 and the respondents further be directed to extend the financial benefits thereof by making payment of differential amount to the petitioner and petitioner further prays for issuance of any other writ/writs, direction/ directions, order/orders to which the Hon'ble Court may deem fit and proper."

3. Learned counsel for the State raises a preliminary objection and submits that the State of Bihar has framed a Rule, namely, the Bihar Government Servant Grievances Redressal Rules, 2019 (hereinafter referred to as the "Rules of 2019"), under which grievances relating to the grant of benefits in all matters concerning the service and service benefits of retired persons of the State Government are to be considered by way of filing a complaint before the Service Grievances Redressal Officer.

4. Having regard to the submissions, it transpires to this Court that when a particular rule has been framed, the petitioner ought to avail the remedy under the said rule framed by the State Government.

Patna High Court CWJC No.19167 of 2024(3) dt.17-02-2026 3/3

5. In the present facts and circumstances, this Court directs the petitioner to avail the remedy under the Rules of 2019 within 30 days from today by filing a complaint. Upon such filing before the authority concerned / Service Grievances Redressal Officer, the said authority shall decide the grievances of the petitioner strictly within the time frame prescribed under the Rules of 2019.

6. It is made clear that the petitioner is free to raise all points, including the judgment on which he relies, before the said authority, which shall pass an order considering all such points within the stipulated time.

7. Accordingly, the present writ petition stands disposed of with the aforesaid liberty.

(Dr. Anshuman, J.) Aman Kumar/- U