Facts
The petitioner, a descendant of a deceased police employee, filed a writ petition seeking a direction to the respondent authorities to consider his case for ad hoc promotion to the post of Assistant Sub-Inspector (ASI) of Police
Source reference: p.1He claimed entitlement based on a Bihar Government letter dated 11.09.2002 and alleged that several of his juniors had already received such promotions
Source reference: p.1-2The State raised a preliminary objection, arguing that the petitioner should first exhaust the statutory remedy provided under specific grievance rules
Source reference: p.2Issues
1. Whether the petitioner must exhaust the alternative remedy provided under the Bihar Government Servant Grievance Redressal Rules, 2019, before seeking relief under writ jurisdiction
Source reference: p.22. Whether matters relating to promotion and service benefits fall within the definition of a "complaint" under the 2019 Rules
Source reference: p.2Law Applied
The Court applied the Bihar Government Servant Grievance Redressal Rules, 2019.
Source reference: no citationSpecifically, Rule 2(c) defines a "complaint" to include all matters relating to service benefits such as appointment, promotion, ACP/MACP, and retirement benefits, provided the matter is not already under a Court’s consideration
Source reference: p.2-3Rule 3 prescribes the procedure for filing such complaints online by serving or retired employees or their dependents
Source reference: p.3-4Reasoning
The Court examined the scope of the 2019 Rules and determined that the petitioner’s grievance—specifically the demand for promotion and consequential benefits—squarely falls under the definition of a "complaint" as per Rule 2(c)(4)
Source reference: para. 4Since a specialized statutory mechanism exists to redress grievances related to service conditions and seniority, the Court found it appropriate to redirect the petitioner to the prescribed administrative authority rather than adjudicating the merits of the promotion claim at the first instance under Article 226
Source reference: para. 5The Court emphasized that the Rules provide a structured timeline for disposal, ensuring an efficient alternative remedy
Source reference: para. 5Holding
The Court did not rule on the merits of the promotion claim. Instead, it disposed of the writ petition by directing the petitioner to file a formal complaint under the Rules of 2019 before the concerned authority within 30 days
The respondent authority was further directed to decide the matter within the timeframe specified in the 2019 Rules
Source reference: para. 5Original Court PDF
Subodh KumarvsThe State of Bihar
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