Pran Mohan Singh vs The State Of Bihar And Ors
2023 Latest Caselaw 5166 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                 Civil Writ Jurisdiction Case No.6317 of 2018
     ======================================================

Pran Mohan Singh, S/o Late Haldhar Singh, R/o Village - Dhourj, P.S. - Belhar, District - Banka Bihar.

... ... Petitioner/s Versus

1. The State Of Bihar

2. The Collector-cum-Settlement Officer, Saharsa.

3. Assistant Settlement Officer Head Quarter, Saharsa.

... ... Respondent/s

====================================================== Appearance :

For the Petitioner/s : Mr.Jawahar Pd. Singh, Advocate

For the State : Mr.Sajid Salim Khan -SC25

Ms. Prakritita Sharma, AC to SC-25

====================================================== 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 by the

petitioner seeking direction to the respondent authorities to pay

the arrear of salary after the revision of the pay scale and the

benefit of A.C.P. as well as leave encashment to him with

applicable interest in accordance with law.

3. Learned counsel for the petitioner submits that the

petitioner was superannuated from the post of Assistant Patna High Court CWJC No.6317 of 2018 dt.07-10-2023

Settlement Officer under the Revenue and Land Reforms

Department, Government of Bihar in the year 2008 after

completion of full tenure of service without any complaint

or break during his service period, but upon retirement, neither

arrears of salary after 7th pay revision nor the benefit of ACP as

well as Leave encashment was paid to him.

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 Patna High Court CWJC No.6317 of 2018 dt.07-10-2023

3; the methodology of hearing of complaint in Rule 5; the

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.

7. In this background, this writ petition is disposed of

directing the petitioner to avail remedy before the appropriate

authority under the Rule of 2019.

8. Needless to add upon filing the complaint under

the said Rule of 2019, the authority concerned shall pass final Patna High Court CWJC No.6317 of 2018 dt.07-10-2023

order on the complaint upon hearing the petitioner within six

months thereafter.

9. 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