Shashi Priya Verma vs The State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13154 of 2026
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Shashi Priya Verma Son of Late Shambhu Nath Verma, Resident of Gayatri
Salimpur Ahra, Kadamkuan, P.S.- Gandhi Maidan, District- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Labour
Resources and Migrant Workers Welfare Department, Government of Bihar,
Patna.
2. The Labour Commissioner, Labour Resources and Migrant Workers Welfare
Department, Government of Bihar, Patna.
3. The Administrative Officer, Dasrath Manjhi Labour and Employment
Studies Institute, Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Subodh Kumar Jha, Advocate
Mr. Sarveshwar Tiwary, Advocate
For the Respondent/s : Mr. Mr. Jitendra Kr. Roy, SC (13)
Mr. U.K. Singh, AC to SC 13.
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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL JUDGMENT
Date : 01-09-2026
Learned Counsel for the petitioner and learned
Counsel for the State are present.
2. The petitioner has filed the present writ
petitioner with following relief/s:-
i) For issuance of an
appropriate writ, order or direction,
preferably in the nature of certiorari, for
quashing the office order contained in Memo
No. 7189 dated 27.12.2024 (Annexure-P/3)
and letter No. 1435 dated 16.3.2026
(Annexure-P/6) issued by the Labour
Commissioner, Patna (Respondent No.2),
whereby the period from 9.11.2023 to

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14.3.2024 has been treated as Extraordinary
Leave (EOL), despite the approval and
sanction of the competent authority (Hon'ble
Minister) for treating the said period as
'waiting for posting period'.
ii) For issuance of an
appropriate writ, order or direction,
preferably in the nature of mandamus, for
commanding the Respondents to treat the
aforesaid period as waiting for posting in
terms of the approval granted by competent
authority (Hon'ble Minister) with continuity
of service and all consequential service
benefits.
iii) For issuance of writ,
order and direction in the nature of
mandamus for directing the Respondents to
revise all consequential monetary and retiral
benefits including arrear of salary and all
admissible benefits, together with statutory
interest.
iv) For any other appropriate
relief/reliefs for which the petitioner is found
entitled in the facts and circumstances of this
case.
3. Learned counsel for the State raised preliminary
objection and submits that the Government of Bihar through
General Administration Department has framed a rule namely
Bihar Government Servant Grievance Redressal Rules, 2019
(hereinafter referred to as ‘Rules of 2019’) and the petitioner has
liberty to avail her remedy with regard to his grievances by
filing complaint before the concerned authority.
4. Upon perusal of the said Rules of 2019, it transpires

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to this Court that under Rule 2(c) of the Rules of 2019, the word
‘complaint’ has been defined, which reads as under:-
“2 (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.”

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4.1. And the procedure for filing a complaint has also
been prescribed under Rule 3 of the Rules of 2019, which reads
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 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

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complaint application will be considered
as the complaint and further action will
be taken on the same.”
5. In this view of the matter, it is hereby directed to
the petitioner to avail her remedy by way of filing a complaint
under Rules of 2019 before the concerned authority, within 30
days from today. The concerned authority is directed to decide
the matter strictly according to the time frame specified in the
Rules of 2019 itself.
6. Accordingly, with the aforesaid direction, this writ
petition stands disposed off.


(Dr. Anshuman, J)
Anshuman/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 03.09.2026
Transmission Date NA