Promotion and ACP/MACP claims fall within Bihar’s 2019 government-servant grievance process.

The petitioner sought a direction granting him promotion and benefits under the Assured Career Progression (ACP) and Modified Assured Career Progression (MACP) schemes with effect from 8 December 1999, together with arrears and interest

The State objected that the petitioner should pursue the remedy available under the Bihar Government Servant Grievance Redressal Rules, 2019

1. Whether the petitioner’s claim for promotion and ACP/MACP benefits should be pursued through the complaint procedure under the Bihar Government Servant Grievance Redressal Rules, 2019

2. Whether the writ petition should be disposed of with a direction to the petitioner to invoke that procedure

The Bihar Government Servant Grievance Redressal Rules, 2019 define “complaint” to include service-benefit matters concerning promotion, ACP and MACP, while excluding matters under consideration before a court

Rule 3 provides that serving or retired State Government employees may submit an online complaint concerning a service matter, generally filing a separate application for each subject

The Court found that the petitioner’s claim for promotion and ACP/MACP benefits fell within the matters covered by Rule 2(c)

Having considered the prescribed complaint procedure under Rule 3, the Court accepted the State’s submission that the petitioner could pursue that remedy and directed him to file a complaint before the concerned authority

It directed him to file a complaint under the 2019 Rules within 30 days, required the concerned authority to decide it within the timeframe prescribed by those Rules, and disposed of the writ petition accordingly