Suresh Nandan Sahay vs The State of Bihar

Court
Patna High Court

IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2517 of 2023
CNR No. BRHC010116692023
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Suresh Nandan Sahay Son of Late Ramadhar Lal Resident of Mohalla
Mohanur Punaichak, Post Office and Police Station Shastrinagar, District
Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Scheduled Caste and
Scheduled Tribe Welfare Department, Government of Bihar, Old Secretariat
Building, Patna-800015.
2. The Principal Secreary, Scheduled Caste and Scheduled Tribe Welfare
Department, Government of Bihar, Old Secretariat Building, Patna-800015.
3. The Under Secretary, Scheduled Caste and Scheduled Tribe Welfare
Department, Government of Bihar, Old Secretariat Building, Patna-800015.
4. The District Welfare Officer, Supaul.
5. The Accountant General, Bihar, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Verma, Advocate
For the State : Mr. Deepak Kumar, GP-1
AC to GP-1
For the A.G. : Mrs. Nivedita Nirvikar, Sr. Advocate
Mr. Amarshakti, Advocate
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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL JUDGMENT
Date : 27-10-2026
Heard learned Counsel for the petitioner, learned
Counsel for the State and learned Counsel for the Accountant
General.
2. The petitioner has filed the present writ petition
with the following relief/s:-
1. That this is an application
praying for issuance of a writ in the nature
of Mandamus or any other appropriate writ,

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order or direction for commanding the
respondents to grant 2nd ACP benefits to the
petitioner w.e.f.1.11,2009 in the pay-band
9300-34800 with grade pay of Rs.5400/- in
reckoning the revised replacement Scale of
Rs.9300-34800 in grade pay of Rs.4800/-
allowed to the petitioner on grant of 1st ACP
benefits and accordingly to pay the arrears
accrued out of difference of grant of
aforesaid grade-pay of Rs.5400/- from the
date of due till the date of payment with
interest thereon inter alia, the following;
(i) The respondents be directed
to grant the benefits of 7th pay revision and
the revised pay scale/grade pay to the
petitioner and accordingly to integrate his
pension and other pensionary benefits;
(ii) The respondents be directed
to grant additional pay in favour of the
petitioner for the period the petitioner
worked on the higher post as assigned and
further to pay the arrears accrued out of
such grant of additional pay.
(iii) The respondents be directed
to pay all the outstanding dues to the
petitioner along with interest simple as well
as penal
(iv) Respondents be directed to
grant all the consequential benefits to the
petitioner for which he is legally entitled to
in the facts and circumstances of the case.
(v) Any other relief or reliefs be
granted to the Petitioner for which he is
legally entitled to in the facts and
circumstances of the case.
3. Learned Counsel for the petitioner submits that
in his favour, there is a Full Bench decision passed in CWJC

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No. 18727 of 2017 dated 28.06.2024 (Kamla Nand Thakur vs.
The State of Bihar and Ors.) with analogous cases reported in
2025(2) PLJR 623, whose paragraph 48 states as follows:-
“48. Thus, the questions stand
answered as follows:-
(A) Rule 157(3) [J] of the Bihar
Board's Miscellaneous Rules, 1958,
requiring passing of Departmental Accounts
Examination for promotion, is not applicable
in case of grant of A.C.P. benefits under the
A.C.P. Rules, 2003;
(B) Rule 157(3)[J] of the Bihar
Board's Miscellaneous Rules, 1958 is
confined to passing of preliminary
examination/final examination in Accounts
only for the purposes of confirmation,
crossing the efficiency bar and promotion to
Selection Grade only and not for regular
promotion;
(C) Rule 4(5) of the A.C.P.
Rules, 2003 even though provides that the
prescribed requirements and mode of
sanction of financial progression under the
scheme (A.C.P. Scheme) shall be the same
which are prescribed under the
Recruitment/Service Rules for regular
promotion against vacancies and if the
Rules/Resolutions prescribe passing of
Departmental Examination or any
qualification for promotion, that shall also
be an essential condition for sanction of
benefit under the scheme will not affect the
claim for grant of A.C.P. after completion of
twelve/twenty four years of service for the
reason that such financial progression under
the A.C.P. Scheme is only in situ promotion
and nothing more. This is even

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notwithstanding any such requirement of
passing any Departmental Examination or
acquiring any educational qualification for
promotion under the
Service/Recruitment/Promotion Rules.”
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 that
under Rule 2(C) of the the Bihar Government Servant
Grievance Redressal Rules, 2019, the word ‘complaint’ has been
defined which states 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.

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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 the Bihar Government Servant
Grievance Redressal Rules, 2019 which states as follows :-
“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 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 Bihar
Government Servant Grievance Redressal Rules, 2019 raising
all points including the point which the petitioner has taken here
within 30 days from today. Upon filing of the said complaint,

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the authority concerned shall pass orders within the time
specified in the Bihar Government Servant Grievance Redressal
Rules, 2019.
7. With the aforesaid observation and direction, the
present writ petition stands disposed off.

(Dr. Anshuman, J)
Anshuman/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 31/10/2026
Transmission Date