Facts
The petitioner, a superannuated constable, approached the Patna High Court seeking grant of ACP/MACP benefits.
Source reference: no citationHe had previously submitted a representation dated 28 January 2026 concerning the claim.
Source reference: p. 2The State raised a preliminary objection that the grievance was covered by the Bihar Government Servant Grievance Redressal Rules, 2019 (“Rules of 2019”).
Source reference: p. 2The Court examined the definition of “complaint” under Rule 2(c), which expressly includes matters relating to ACP and MACP, as well as the prescribed complaint procedure under Rule 3.
Source reference: pp. 2–3Issues
Whether a claim for grant of ACP/MACP benefits by a serving or retired State Government employee constitutes a “complaint” under Rule 2(c) of the Bihar Government Servant Grievance Redressal Rules, 2019.
Source reference: p. 2Whether the petitioner should be required to pursue the remedy prescribed under the Rules of 2019 before obtaining adjudication of his ACP/MACP grievance by the High Court.
Source reference: pp. 2–3Law Applied
The Court applied Rule 2(c) of the Bihar Government Servant Grievance Redressal Rules, 2019, which defines “complaint” to include service and retirement-benefit matters of serving and retired State Government personnel, specifically including promotion, ACP and MACP claims, salary-related benefits, and retirement benefits.
Source reference: pp. 2–3Rule 3(a) permits any serving or retired Bihar Government employee to file an online complaint regarding service matters or retirement benefits, while Rule 3(b) requires a separate application for each subject-matter grievance.
Source reference: p. 3The Rules exclude matters already pending before a court, disciplinary or departmental proceedings, transfer/posting/deputation matters, and claims under the Right to Information Act, 2005.
Source reference: p. 3Reasoning
The petitioner’s claim concerned ACP/MACP benefits, which falls expressly within the definition of “complaint” under Rule 2(c).
Source reference: p. 2Since the Rules provide a specific online grievance-redressal mechanism available to retired State Government employees under Rule 3(a), the Court accepted the State’s preliminary objection that the petitioner should invoke that mechanism.
Source reference: pp. 2–3The Court did not adjudicate the merits of the petitioner’s entitlement to ACP/MACP; instead, it directed him to pursue the statutory/administrative remedy, after which the competent authority would decide the complaint within the period prescribed by the Rules.
Source reference: p. 3Holding
The Court held that the petitioner’s ACP/MACP grievance is covered by the Bihar Government Servant Grievance Redressal Rules, 2019.
It granted him liberty to file a complaint under the Rules within 30 days from 24 July 2026.
Source reference: p. 3The concerned authority was directed to pass appropriate orders within the time specified under the Rules.
Source reference: p. 3With these directions, the writ petition was disposed of.
Source reference: p. 3Original Court PDF
Triloki Nath Jha alias Triloki Jha (Superannuated Constable)vsThe State of Bihar
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