Jay Shankar Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.393 of 2020 ====================================================== Jay Shankar Choudhary, S/o Late Surya Shekhar Choudhary, Resident of Village- Goura, P.S.- Teghra, Dist.- Begusarai. ... ... Petitioner/s

Versus

1.

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

2.

The Principal Secretary Road Construction Deptt., Govt. of Bihar, Patna. 3.

The Officer-on- Special Duty Road Construction Deptt., Govt. of Bihar, Patna.

4.

Engineer-In- Chief cum Addl. Commissioner Cum Special Secretary Road Construction Deptt., Govt. of Bihar, Patna.

5.

Dy. Secretary (Vigilance) Road Construction Deptt., Govt. of Bihar, Patna. 6.

The Executive Engineer N.H. Division No. 2, Biharsharif. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vivekanand Prasad Singh, Advocate For the Respondent/s :

Mr. Manoj Kumar Ambastha, SC-26 Mr. Subodh Kumar, AC to SC-26 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 24-11-2023 Heard learned counsel for the petitioner and learned counsel for the State.

2. The present writ application has been filed seeking relief to grant benefit of 3rd MACP/promotion with all consequential benefits to the petitioner.

3. Learned counsel for State submits that the Government of Bihar has framed a rule, namely, Bihar Government Servant Grievance Redressal Rule, 2019 in which the word 'complaint' has been defined which indicates that all the matters relating to service and service benefits which also

Patna High Court CWJC No.393 of 2020(4) dt.24-11-2023 2/2 includes the salary, promotion, MACP etc.

4. In this background that the State of Bihar has come with a rule/mechanism to resolve the dispute, this Court is of the view that the petitioner ought to take his remedy under the said rule, namely, Bihar Government Servant Grievance Redressal Rule, 2019. It is made clear that in the said Rule every channel is prescribed.

5. In this view of the matter, the writ petition stands disposed of with a direction to the petitioner to avail his remedy under the Bihar Government Servant Grievance Redressal Rule, 2019 wherein it has been stated that the grievances shall have to settle within sixty days from the date of submission of complaint.

6. With the aforesaid observation and direction, the writ petition Stands of.

(Dr. Anshuman, J) Ashwini/- U