Facts
The petitioner sought unpaid salary for specified periods, arrears after increments from March 2001 to January 2017, and consequential benefits
Source reference: p. 2The State objected that the grievance fell within the Bihar Government Servant Grievance Redressal Rules, 2019 (“Rules of 2019”)
Source reference: p. 2The Court considered the Rules’ definition of a service-related complaint and the prescribed complaint-filing procedure
Source reference: p. 2–4Issues
1. Whether the petitioner’s claims for salary and increment arrears fall within the complaints covered by the Rules of 2019.
Source reference: p. 2–32. Whether the petitioner should first pursue the complaint procedure prescribed by the Rules of 2019.
Source reference: p. 3–4Law Applied
Rule 2(c) of the Rules of 2019 defines a “complaint” to include service matters relating to salary payment and increments, among other specified service benefits; matters already under consideration by a court are excluded.
Source reference: p. 2–3Rule 3 provides that serving or retired State Government employees may lodge complaints online, generally filing a separate application for each subject.
Source reference: p. 3–4Reasoning
The petitioner’s claims concerned unpaid salary and arrears following increments, matters expressly included within “complaint” under Rule 2(c).
Source reference: p. 2–3The Court therefore accepted that the grievance was covered by the Rules of 2019 and directed the petitioner to use the complaint procedure, rather than determining the monetary claims on their merits.
Source reference: p. 2–4Holding
The Court granted the petitioner liberty to file a complaint under the Rules of 2019 within 30 days.
It directed the competent authority to pass orders within the time prescribed by those Rules and disposed of the writ petition accordingly.
Source reference: p. 4Original Court PDF
Santosh SahayvsThe State of Bihar
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