Facts
The petitioner sought grant of benefits under the Assured Career Progression (ACP) and Modified Assured Career Progression (MACP) schemes, consequential revision of pay and pension, and payment of arrears and other benefits.
Source reference: p.2The State objected that the grievance fell within the Bihar Government Servant Grievance Redressal Rules, 2019.
Source reference: p.2The Court considered the Rules’ definition of a service-benefit complaint and the procedure for filing one.
Source reference: pp.2–3Issues
Whether the petitioner’s claim for ACP/MACP benefits and consequential service and retirement benefits was covered by the Bihar Government Servant Grievance Redressal Rules, 2019.
Source reference: pp.2–3Whether the petitioner should first be permitted to pursue the complaint procedure under those Rules.
Source reference: p.3Law Applied
Rule 2(c) of the Bihar Government Servant Grievance Redressal Rules, 2019 defines “complaint” to include service-benefit matters concerning promotion, ACP and MACP, salary, and retirement benefits, including pension.
Source reference: pp.2–3It excludes matters already under consideration before a court.
Source reference: pp.2–3Rule 3 provides that serving or retired Bihar Government employees may file complaints online, generally addressing only one subject in each application.
Source reference: p.3Reasoning
The Court noted that the petitioner’s claims concerned ACP/MACP, pay and pension—matters expressly included within “complaint” under Rule 2(c).
Source reference: pp.2–3In view of the State’s objection and the complaint procedure prescribed by Rule 3, the Court granted the petitioner liberty to pursue that procedure.
Source reference: p.3It did not adjudicate the petitioner’s substantive entitlement to the benefits claimed.
Source reference: p.3Holding
The Court disposed of the writ petition, granting the petitioner liberty to file a complaint under the 2019 Rules within 30 days.
The concerned authority was directed to pass orders within the time specified in those Rules.
Source reference: p.3Original Court PDF
Yashabarit Kumar Singh DeovsThe State of Bihar
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