Rajnandan Sharma vs The State of Bihar

Court
Patna High Court

IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13191 of 2026
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Rajnandan Sharma S/o Late Ram Balak Sharma, Resident of Village- Shri
Krisha Nagar, P.S.- Aurangabad, District-Aurangabad, Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna
2. The Principal Secretary Finance Department, Government of Bihar, Patna
3. The Secretary (Expenditure) Finance Department Government of Bihar,
Patna.
4. The Additional Chief Secretary, Water Resources Department, Government
of Bihar, Patna.
5. The Chief Engineer, Central Design Research and Quality Control, Water
Resources Department, Government of Bihar, Patna.
6. The Executive Engineer, Quality Control Sichai Srijan Circle Aurangabad,
Bihar.
7. The Accountant General (A and E) Bihar, Patna.
8. The Treasury Officer, Aurangabad, Bihar
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ashok Kumar, Advocate
Mr. Ajeet Kumar, Advocate
Mr. Ram Krishna, Advocate
For the State : Mr. Government Pleader (17)
For the A.G. : Ms. Nivedita Nirvikar, Sr. Advocate
Ms. Riya Raj, Advocate
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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL JUDGMENT
Date : 01-09-2026
Heard learned Counsel for the petitioner, learned
Counsel for the Accountant General and learned Counsel for the
State.
2. The learned counsel for the petitioner submits that
the petitioner has filed the present petition with the following
relief/s:-
“i. For issuance of appropriate writ in

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the nature of MANDAMUS Commanding
and directing the Respondent Authorities
for grant the petitioner the Benefits the 1"
Assured Career Progression(ACP) in pay
scale of Rs. 6500-10500 (corresponding
PB-2 with Grade Pay Rs 4800) and 2nd
ACP Pay scale of 10000-15200 10500
(corresponding PB-3 with Grade Pay Rs
6600) with effects from 9.8.1999, when
the petitioner had completed more than
24 years of continuous service, after
being appointed as Junior Account Clerk
in the Respondent Department in view
Provision of 2003 Rules by the Bihar
State Employees Service condition
(Assured career Progression Scheme)
Rules and the amendment thereto, read
with different Judgment of the Hon'ble
Court and Hon'ble Apex Court rendered
in SLP (Civil) No. 8219-
8226/2019,Amresh Kumar Sinha Vs State
of Bihar and Ors and in view of
Resolution No 163 and 2178 dated
8.1.2016 & 27.02.2025 respectively
issued by Finance Department
Government of Bihar, time to time on the
issue aforesaid after modification of
earlier orders by which the benefits of 1st
and 2nd ACP in the Pay scale of 5000-
8000, and 5500-175-9000, was granted to
the petitioner w.e.f. 09.08.1999.
ii. For issuance of an appropriate writ in
the Nature of MANDAMUS Commanding
and directing the Respondent Authorities
for grant of all consequential Monetary
benefits including revision of their Pay
scale with effect from 9.8.1999 and also
for modification of pay scale sanctioned
st, nd
to the petitioner by way of 1 2 ACP
and to pay the consequential monetary
benefits in accordance with Law which
has denied to the petitioner by the

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Respondents authorities in complete
defiance of State Litigation Policy, when
the matter has been set at rest by the
Hon'ble Court by its different
pronouncement and it has been approved
by the Hon'ble Supreme Court as well.
iii. For Commanding and directing the
Respondents Authorites for Payment of
Consequential benefits such as well as
difference of Arrear of salary as well as
pensionary benefits on account of grant
of revise 1st ACP, 2nd ACP to the
petitioner with effects from 9.8.1999, for
which the petitioner is entitled in
accordance with law.
iv. For issuance of any other appropriate
writ/ writs order/orders,
direction/directions for which the writ
petitioner would be found entitled under
the facts and circumstances of the case.”
3. Learned counsel for the petitioner submits that for
redressal of grievances, the petitioner has filed a representation
dated 10.04.2026, as contained in Annexure P/5 to the writ
petition.
4. Learned counsel for the State has raised a
preliminary objection and submits that the grievance of the
petitioner is well covered under the Bihar Government Servant
Grievance Redressal Rules, 2019 (hereinafter referred to as the
‘Rules of 2019’).
5. In light of the submissions made by the parties and
upon perusal of the said Rule, it transpires to this Court under

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Rule 2(C) of the Rule of 2019 the word ‘complaint’ has been
defined as follows :-
(c) 'Complaint' refers to all matters relating to the
service and service benefits of serving and retired
personnel of State Government as - (1) related to
appointment (2) Service confirmation related (3) related
to salary payment and increment (4) promotion , A.C.P.,
M.A.C.P. related (5) priority/preference assessment
related (6) related to the approval of leaves other than
casual leave (7) related to salary during leave (8)
related to approval and payment of allowances (9)
Medical reimbursements (10) related to payment of
retirement benefits such as pension, gratuity, group
insurance, encashment of the unavailed leaves and
payment of General Provident Fund.
However, if any of the above related
matter is under any Court's consideration then it
will not be considered as a complaint under this
system.
But further, matters relating to
disciplinary & departmental action, and
transfer / posting / deputation will not be
included as complaints under this. Any case,
under the Right to Information Act, 2005 will
also not be considered as a complaint under this
system.
and procedure for filing complaint has also been
prescribed under Rule 3 of the said Rule of 2019 as under :
3. Procedure for filing a complaint: Procedure for
registering complaints related to service matters and
retirement benefits will be as follows -
(a) Any employee of the Bihar State Government,
serving or retired, of any group can file any
complaint related to their service matters and/or
retirement benefits, through online mode. In the
event of death of a Government Personnel,
complaint can be lodged by his/her dependent, The
applicant will have to mention the details of the
office / officer, his/her complaint is related to.
Other relevant details will also have to be provided
in the online application.
(b) In one application, complaint related to only

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one subject can be filed. Since no fee is required for
registering a complaint, therefore, if a complainant
wants relief in more than one subject then he/she
has to register a separate application for it. In spite
of this, if in the same application relief on more
than one subject is being sought for, then in that
case, the first issue mentioned in the complaint
application will be considered as the complaint and
further action will be taken on the same.
6. In this background, the petitioner is granted liberty
to file a complaint under the provisions of the Rules of 2019
within 30 days from today. Upon filing of the said complaint,
the authority concerned shall pass orders within the time
specified in the said Rules of 2019.
7. With the aforesaid observation and direction, the
present writ petition stands disposed off.

(Dr. Anshuman, J)
manshi/-
AFR/NAFR
CAV DATE NA
Uploading Date …...-9-2026
Transmission Date NA