Service and retiral-benefit grievances must be pursued under Bihar’s 2019 grievance-redressal mechanism.

The petitioner, Rita Kumari, widow of Late Dr. Narendra Kumar Azad, approached the Patna High Court seeking grant of Third Assured Career Progression/Third Dynamic Assured Career Progression to her late husband, consequential pay revision, salary arrears, pension and family-pension revision, and other monetary benefits.

She also sought release of retiral dues, including General Provident Fund, leave encashment of ₹10,56,210/-, group insurance and other admissible benefits, with interest.

The State raised a preliminary objection that the petitioner had an alternative remedy under the Bihar Government Servant Grievance Redressal Rules, 2019, by filing a complaint before the competent authority.

Whether the petitioner’s claims relating to ACP benefits, pay fixation, pension, family pension and retiral dues fall within the scope of a “complaint” under Rule 2(c) of the Bihar Government Servant Grievance Redressal Rules, 2019?

Whether the petitioner should be directed to first avail the statutory grievance-redressal mechanism under the 2019 Rules instead of pursuing the writ petition directly?

Whether the writ petition should be disposed of with liberty to the petitioner to file a complaint before the competent authority?

Rule 2(c) defines “complaint” to include matters concerning salary, increments, promotion, ACP/MACP, pension, gratuity, group insurance, leave encashment and payment of General Provident Fund; matters already pending before a court are excluded from the definition.

Rule 3(a) permits a serving or retired State Government employee to file an online complaint regarding service matters or retirement benefits and expressly permits a dependent to lodge the complaint upon the employee’s death.

Rule 3(b) requires separate applications where relief is sought in relation to more than one subject.

The Court found that the reliefs sought by the petitioner corresponded directly with the matters enumerated in Rule 2(c), namely ACP benefits, pay-related claims, pensionary benefits, leave encashment, group insurance and GPF.

Since Rule 3(a) expressly permits the dependent of a deceased government employee to lodge a complaint, the petitioner was entitled to invoke that mechanism in respect of her late husband’s service and retiral claims.

The Court accepted the State’s preliminary objection and directed the petitioner to pursue the remedy under the 2019 Rules rather than adjudicating the substantive entitlement to ACP or retiral benefits in the writ proceedings.

The Court also noted that separate complaints would be required for distinct subjects under Rule 3(b).

Instead, it directed her to file an appropriate complaint under the Bihar Government Servant Grievance Redressal Rules, 2019 within 30 days from the date of the judgment.

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

The writ petition was accordingly disposed of with these directions.