Mohan Lal Sah vs The State Of Bihar
2025 Latest Caselaw 1148 Patna

Patna High Court

Mohan Lal Sah vs The State Of Bihar on 5 August, 2025

Author: Anshuman

Bench: Anshuman

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.11727 of 2025
     ======================================================
     Mohan Lal Sah Son of Nand Lal Sah, Resident of Semapur Bazar, P.S. -
     Barari, District- Katihar.

                                                                  ... ... Petitioner/s
                                         Versus

1.   The State of Bihar
2.   The Additional Chief Secretary, Water Resources Department, Bihar, Patna.
3.   The Engineer-in-Chief (Central), Minor Water Resources Department, Bihar,
     Patna.
4.   The Deputy Secretary, Water Resources Department, Bihar, Patna.
5.   The Principal Accountant General of Bihar (A and E), Veer Chand Patel
     Path, Patna.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :        Mr. Prabhu Nath Pathak, Advocate
     For the Respondent/s   :        Mr. Sarvesh Kumar, G.P.-24
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
     ORAL JUDGMENT

Date : 05-08-2025

Heard learned Counsel for the petitioner and learned

Counsel for the State.

2. Learned Counsel for the petitioner submits that the

present writ petition has been filed by the petitioner with the

following reliefs:-

"For directing the respondents to grant 1st ACP in pay scale of Rs.6500- 10500/- with effect from 09.09.1999 on completion of 12 years of service, 2nd ACP in pay scale of Rs.10,000 -15200/- with effect from 25.01.2003 on completion of 24 Patna High Court CWJC No.11727 of 2025 dt.05-08-2025

years of service and 3rd MACP in PB-3 with grade pay of Rs.7600 w.e.f. 25.01.2010 on completion of 30 years of service, which is pending since long as is evident from letter dated 14.01.2025 issued under the Signature of Under Secretary-cum-Public Information Officer, Water Resources Department, Bihar, Patna as contained in Annexure-P/5 to the writ petition."

3. Learned counsel for the State, on the other hand,

raised preliminary objection and submits that the Government of

Bihar through General Administration Department has framed a

Rule, namely, the Bihar Government Servant Grievances

Redressal Rules, 2019 to deal such type of situations and

petitioner has liberty to exhaust the remedy before the Service

Grievance Redressal Officer. Counsel for the State submits that

the petitioner has to avail the said remedy by way of filing the

complaint under the said Rule but instead thereof he moved

directly before this Hon'ble Court.

4. Upon hearing the parties, the present writ

petition stands disposed off directing the petitioner to avail the

remedy available before the Service Grievances Redressal

Officer of the department concerned within 30 days from today

and in the said rule, time frame has already been made.

Patna High Court CWJC No.11727 of 2025 dt.05-08-2025

Therefore, Service Grievances Redressal Officer is hereby

directed to decide this matter strictly according to the time

frame specified in the said Rule i.e., Bihar Government Servant

Grievances Redressal Rules, 2019 and if the petitioner is found

entitled, payment would be made to him.

(Dr. Anshuman, J) Mkr./-

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Uploading Date          07.08.2025
Transmission Date