Facts
The petitioner, Most. Chandrakala Devi (widow of a deceased government employee), filed a writ petition seeking the grant of ACP (Assured Career Progression) and MACP (Modified Assured Career Progression) benefits
Source reference: p. 1The petitioner had previously submitted a representation to the authorities on 16.04.2026
Source reference: p. 1During the proceedings, the State raised a preliminary objection, arguing that the petitioner’s grievance constitutes a "complaint" that should be addressed through the statutory mechanism provided under state rules rather than through a writ petition
Source reference: p. 1-2Issues
1. Whether a grievance related to service benefits such as ACP/MACP can be adjudicated under the Bihar Government Servant Grievance Redressal Rules, 2019
Source reference: p. 22. Whether the petitioner should be relegated to the statutory grievance redressal authority before seeking extraordinary relief under writ jurisdiction
Source reference: p. 3-4Law Applied
Rule 2(c) [of the Bihar Government Servant Grievance Redressal Rules, 2019] defines a 'Complaint' to include all matters relating to service benefits of serving and retired personnel, specifically listing ACP and MACP at sub-clause (4)
Source reference: p. 2Rule 3 [of the Bihar Government Servant Grievance Redressal Rules, 2019] prescribes the procedure for filing such complaints online by employees or their dependents
Source reference: p. 3Full Bench decision in Kamlanand Thakur vs. State of Bihar & Ors. (CWJC No. 18727 of 2017) regarding the substantive legal principles governing such service claims
Source reference: p. 4Reasoning
the definition of a complaint explicitly encompasses ACP/MACP-related grievances
Source reference: p. 2since a specific, cost-free online mechanism for grievance redressal exists for state employees and their dependents, the petitioner must first exhaust this alternative remedy
Source reference: p. 3directing the authority to consider the Kamlanand Thakur Full Bench judgment while adjudicating the complaint, ensuring that the administrative decision aligns with established legal principles
Source reference: p. 4Holding
The court disposed of the writ petition by granting the petitioner liberty to file a formal complaint under the Rules of 2019 within 30 days
The court held that the concerned authority must pass a final order within the time frame specified in the Rules
Source reference: p. 4the authority was directed to duly consider the Full Bench judgment in Kamlanand Thakur vs. State of Bihar & Ors. while passing the final order
Source reference: p. 4Original Court PDF
Most. Chandrakala DevivsThe State of Bihar
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