Facts
The petitioner, a former Superintending Engineer/Secretary (Technical) in the Rural Works Department, sought relief concerning several service and retirement-related claims, including recovery of HRA, HRA and transport allowance, unpaid salary, transfer travelling allowance, ACP arrears, voluntary retirement allegedly obtained under pressure, and pensionary benefits
Source reference: pp. 1–3The State objected that the petitioner’s grievances were covered by the Bihar Government Servant Grievance Redressal Rules, 2019 (“Rules of 2019”)
Source reference: para. 3The Court considered the definition of “complaint” in Rule 2(c) and the complaint-filing procedure in Rule 3
Source reference: paras. 4; pp. 3–5Issues
1. Whether the petitioner’s service and retirement-benefit grievances were covered by the complaint mechanism under the Rules of 2019
Source reference: paras. 3–52. Whether the writ petition should be disposed of with liberty to the petitioner to pursue that mechanism
Source reference: para. 5Law Applied
Rule 2(c) of the Rules of 2019 defines a “complaint” to include specified matters concerning government service and service benefits, including salary, increments, ACP/MACP, allowances, and retirement benefits; it excludes, among other matters, issues already under consideration before a court, disciplinary or departmental action, and transfer, posting, or deputation
Source reference: para. 4; pp. 3–4Rule 3(a) permits serving or retired State Government employees to file service- or retirement-related complaints online, while Rule 3(b) requires a separate application for each subject
Source reference: para. 4; pp. 4–5Reasoning
The Court accepted the State’s preliminary objection after considering the scope of “complaint” and the procedure prescribed by the Rules of 2019
Source reference: paras. 3–5It treated the petitioner’s grievances as matters for that mechanism and directed him to file a complaint within the prescribed period.
Source reference: para. 5The Court did not separately assess the merits of the individual claims or determine whether any particular claim fell within an express exclusion in Rule 2(c)
Source reference: para. 5Holding
The Court granted the petitioner liberty to file a complaint under the Rules of 2019 within 30 days.
It directed the competent authority, upon filing, to pass orders within the time specified by those Rules.
Source reference: paras. 5–6The writ petition was disposed of without adjudication on the merits of the petitioner’s claims
Source reference: paras. 5–6Original Court PDF
Lalan PrasadvsThe State of Bihar
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