Service-Related Grievances Including Promotion Benefits Must Primarily Be Redressed Under Bihar Government Servant Grievance Redressal Rules, 2019

Five petitioners, residents of Patna and employees/retired employees, filed a writ petition seeking a direction for the grant of promotion

The petitioners had previously submitted a formal representation regarding their promotion to the authorities on October 17, 2024

During the hearing, the State raised a preliminary objection, contending that the grievance falls under the statutory framework of the Bihar Government Servant Grievance Redressal Rules, 2019, rather than requiring direct intervention by the High Court

1. Whether the petitioners’ grievance regarding promotion is maintainable under the writ jurisdiction of the High Court given the existence of an alternative statutory remedy under the Rules of 2019

Bihar Government Servant Grievance Redressal Rules, 2019

Rule 2(C) defines a “complaint” to include all service matters such as appointment, promotion, ACP, MACP, and retirement benefits, provided the matter is not already under court consideration

Rule 3 prescribes the procedure for filing such complaints, allowing any serving or retired Bihar State Government employee (or their dependents) to register grievances via an online mode without a fee

The Court examined the definition of "complaint" under Rule 2(C) and determined that "promotion" is explicitly categorized as a grievance triable under the 2019 Rules

The Court reasoned that since the Rules of 2019 provide a specialized, no-cost, online mechanism for civil servants to seek redressal for service-related benefits, the petitioners ought to exhaust this administrative remedy before invoking Article 226

The Court noted that as per the proviso in Rule 2(C), once a matter is submitted to this grievance system, it is processed within a specific timeframe, thereby offering an efficacious alternative to litigation

The Court did not adjudicate on the merits of the promotion claim. Instead, it disposed of the writ petition by granting the petitioners liberty to file a formal complaint under the Rules of 2019 within 30 days. The Court directed the concerned authorities to pass orders on such a complaint within the timeframe stipulated by the 2019 Rules