Patna High Court
Ramashray Paswan vs The State Of Bihar And Ors on 7 October, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6382 of 2018
======================================================
Ramashray Paswan, Son of Nanhe Paswan @ Ram shok Paswan, Resident of
Village-Rupsagar Bigha, P.O.-Belidad, P.S.-Mehandia, District-Arwal
... ... Petitioner/s
Versus
1. The State Of Bihar
2. The Principal Secretary, Department of General Administration,
Government of Bihar, Patna.
3. The Deputy Secretary, Department of General Administration, Government
of Bihar, Patna.
4. The Divisional Commercial Manager, Division, at Gaya.
5. The District Magistrate, Arwal at Arwal.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Amarendra Kumar, Advocate
For the Respondent/s : Mr.Manish Kumar- GP4
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL JUDGMENT
Date : 07-10-2023
Heard learned counsel for the petitioner and learned
counsel for the State.
2. The present writ petition has been filed for
quashing the order contained in Memo No.478 dated
24.09.2012 passed by respondent No.5, namely, the District
Magistrate, Arwal whereby the claim of the petitioner has been
Patna High Court CWJC No.6382 of 2018 dt.07-10-2023
rejected. Further prayer has been made seeking relief to
regularize/appoint the petitioner to Class-IV post where he has
worked on daily wages and his name appeared in the panel but
the persons junior in the panel have been appointed and in this
way, discrimination has been made with the petitioner.
4. Learned counsel for the State submits that in the
year 2019, vide notification No. 7527 dated 03.06.2019, the
Bihar Government Servant Grievance Redressal Rule, 2019 has
been enacted. According to this, the designated officer in every
Department and District will be responsible for passing
orders/decisions on the complaints received regarding service
matters and service benefits, after due hearings within the time
limit, and will also communicate the information of the decision
taken to the complainant. He further submits that in the district
collectorates, the senior officers of the establishment section,
who are officers of the additional collector level, will serve as
the Service Grievance Redressal Officer whereas in
departments, the officers of the Deputy Secretary level will be
designated as the Service Grievance Redressal Officers.
5. Learned counsel for the State further submits that
the procedure of filing a complaint has been mentioned in Rule
3; the methodology of hearing of complaint in Rule 5; the
Patna High Court CWJC No.6382 of 2018 dt.07-10-2023
procedure of disposal of complaint in Rule 7 and the provision
of appeal has been mentioned in Rule 8.
6. In view of the aforesaid, this Court is of the opinion
that the Bihar General Administrative Department has already
framed the aforesaid Rule of 2019 in which complaints refer to
all matters relating to the service and service benefits of serving
and retired personnel of State Government has to be taken care,
namely, (1) related to appointment (2) Service confirmation
related (3) related to salary payment and increment (4)
Promotion, A.C.P., M.A.C.P. related (5) priority/preference
assessment related (6) related to the approval of leaves other
than casual leave (7) related to salary during leave (8) related to
approval and payment of allowances (9) Medical
reimbursements (10) related to payment of retirement benefits
such as pension, gratuity, group insurance, encashment of the
unavailed leaves and payment of General Provident Fund.
5. In this background, the present writ petition is
disposed of granting liberty to the petitioner to avail remedy
under the Rule of 2019 within four weeks from the date of
publication of the order, and the concerned authority is directed
to pass a reasoned and speaking order within three moths
thereafter.
Patna High Court CWJC No.6382 of 2018 dt.07-10-2023
6. With the above observation and direction, the
present petition stands disposed of.
(Dr. Anshuman, J)
Ashwini/-
AFR/NAFR
CAV DATE NA
Uploading Date 11/10/2023
Transmission Date NA
