Facts
The petitioner, a serving Block Panchayat Raj Officer, sought his second MACP and time-bound promotional benefits, arrears, and relief concerning medical leave from 13 August 2021 to 16 January 2022, including its sanction and encashment.
Source reference: p.2, para. 2The State objected that the petitioner should first pursue the remedy available under the Bihar Government Servant Grievance Redressal Rules, 2019 (“2019 Rules”).
Source reference: p.2, para. 3The Court considered the provisions defining service-related complaints and prescribing the procedure for filing them.
Source reference: pp.2–4, paras. 4–4.1Issues
1. Whether the petitioner’s claims for service benefits and relief relating to medical leave could be pursued through the complaint mechanism under the 2019 Rules.
Source reference: pp.2–3, paras. 2–42. Whether the petitioner should be directed to avail that remedy before the concerned authority.
Source reference: p.4, para. 5Law Applied
Rule 2(c) includes complaints concerning promotion, ACP/MACP, approval of leave other than casual leave, salary during leave, and encashment of unavailed leave, while excluding matters under a court’s consideration and specified other matters.
Source reference: pp.2–3, para. 4Rule 3 permits serving or retired State Government employees to file service-related complaints online and requires separate applications for separate subjects.
Source reference: pp.3–4, para. 4.1Reasoning
The petitioner’s requests for MACP and promotional benefits, and his claims concerning medical leave, fell within the categories of service matters specified in Rule 2(c).
Source reference: pp.2–3, paras. 2, 4Having considered the State’s preliminary objection and the complaint procedure under Rule 3, the Court directed the petitioner to pursue the prescribed grievance mechanism rather than adjudicate the substantive claims in the writ petition.
Source reference: pp.2–4, paras. 3–5Holding
The Court directed the petitioner to file a complaint under the 2019 Rules before the concerned authority within 30 days.
It further directed the authority to decide the matter within the time frame prescribed by those Rules. The writ petition was disposed of accordingly.
Source reference: p.4, para. 5; p.5, para. 6Original Court PDF
Dilip Kumar SinghvsThe State of Bihar
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