Claim for third ACP benefit must be pursued under Bihar Government Servant Grievance Redressal Rules, 2019.

The petitioner, a retired Buniyadi Health Worker, superannuated from the Primary Health Centre, Kaler, District Arwal, on 31 January 2018.

Although his retiral benefits and pension were being paid, he claimed that the benefits of the 1st, 2nd and 3rd Assured Career Progression (“ACP”) had not been granted to him.

During the writ proceedings, the State’s counter-affidavit stated that the petitioner had already been granted the 1st and 2nd ACP benefits, but was not entitled to the 3rd ACP benefit; the State further asserted that this position had been communicated to him by registered post.

The petitioner’s counsel sought time for verification of these facts from the petitioner.

Whether the petitioner was entitled to pursue his claim for the 3rd ACP benefit despite the State’s assertion that he was ineligible.

Whether the petitioner was required to avail the remedy under the Bihar Government Servant Grievance Redressal Rules, 2019 for adjudication of his service-benefit grievance.

Whether the writ petition should be disposed of with liberty to the petitioner to approach the competent authority under the prescribed grievance-redressal mechanism.

The Court applied the Bihar Government Servant Grievance Redressal Rules, 2019.

Rule 2(c) defines a “complaint” to include grievances concerning service matters and service benefits, including promotion, ACP/MACP benefits and retirement benefits, subject to specified exclusions.

Rule 3(a) permits serving and retired State Government employees to file complaints regarding service matters or retirement benefits through the prescribed online mode, while Rule 3(b) requires a separate complaint for each subject-matter of relief.

The governing principle applied was that a service-benefit grievance falling within the scope of the statutory or regulatory departmental grievance mechanism should be pursued before the concerned authority in accordance with that mechanism.

The State’s counter-affidavit materially narrowed the dispute by asserting that the petitioner had already received the 1st and 2nd ACP benefits and that he was ineligible for the 3rd ACP.

Since the petitioner’s counsel indicated that verification from the petitioner was necessary, the Court did not finally adjudicate the petitioner’s entitlement to the 3rd ACP.

Instead, it examined the 2019 Rules and found that an ACP-related service grievance squarely fell within the definition of a complaint under Rule 2(c).

The Court therefore considered the grievance-redressal procedure under Rule 3 to be the appropriate remedy and granted the petitioner liberty to pursue his claim before the concerned authority.

It granted him liberty to file a complaint under the Bihar Government Servant Grievance Redressal Rules, 2019 within 30 days from the date of judgment.

The concerned authority was directed to decide the complaint strictly within the time prescribed under the Rules.

Subject to these directions, the writ petition was disposed of.