Devendra Kumar, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2306 of 2020 ====================================================== Devendra Kumar, son of Late Bajrangi Singh, resident of village and Post Office- Kasma, Police Station- Parasbigha, Block- Ratnifaridpur, DistrictJehanabad, at present working on the post of Panchayat Secretary at Modanganj Block, District- Jehanabad.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Finance, Govt. of Bihar, Patna.

2.

The Principal Secretary, Department of Panchayati Raj, Govt. of Bihar, Patna.

3.

The District Magistrate, Jehanabad.

4.

The District Panchayat Officer, Jehanabad.

5.

The District Accounts Officer, Jehanabad.

6.

The Block Development Officer Modanganj, District- Jehanabad. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhananjay Kumar, Advocate Mr. Jitendra Kumar Roy, Advocate For the Respondent/s :

Mr. Dhirendra Kumar, AC to AAG-6 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT Date : 30-11-2023 Heard learned counsel for the petitioner and learned counsel for the State.

2. The present writ petition has been filed for quashing the order issued by District Magistrate, Jehanabad, contained in Memo No.1139 dated 09.09.2019 by which the claim of petitioner has been rejected for revision of his pay scale in which demands for up gradation of scale of pay of Panchayat Supervisor has been made.

3. Learned counsel for the State submits that

Patna High Court CWJC No.2306 of 2020 dt.30-11-2023 2/2 petitioner has earlier moved before this Hon'ble Court in CWJC No.2790 of 2019 which was disposed of on 20.02.2019. Thereafter, the petitioner has filed M.J.C. No.1844 of 2019 in which vide order dated 18.09.2019 his MJC was disposed of with liberty to the petitioner to prefer fresh petition against the aforesaid order passed by the District Magistrate, Jehanabad.

4. It transpires to this Court that the Government of Bihar has framed a rule, namely, Bihar Government Servant Grievance Redressal Rules, 2019, in which there are three special remedies are available initially by way of filing complaint challengeable before the appellate authority. Methodology of hearing complaint has also been made including matters relating to pay scale and others.

5. In this background, this writ petition is disposed of directing the petitioner to avail his remedy under the said Rule, namely, Bihar Government Servant Grievance Redressal Rules, 2019.

(Dr. Anshuman, J) Mkr./- AFR/NAFR NAFR CAV DATE NA Uploading Date 04.12.2023 Transmission Date NA