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Judgment
Heard learned counsel for the petitioner and learned counsel for the State.
The present writ petition has been filed by the petitioner with the following reliefs:-
“A. That the instant writ application is being filed by the petitioner for issuance of an appropriate writ/writs in the nature of mandamus directing/commanding the respondents authority to grant promotion and benefits of 'Assured Career Promotion' (here is called 'A.C.P.' Scheme) and 'Modified Assured Career Promotion' (here is called 'M.A.C.P.' Scheme) to the petitioner w.e.f. 08.12.1999.
B. For commanding and directing the Respondents to provide entire arrears of salary with statutory interest upon the aforesaid monetary benefits, to the petitioner from the date of its realization.
C. For holding that despite being entitled to the aforesaid benefits i.e. promotion and benefits of 'Assured Career Promotion' and 'Modified Assured Career Promotion' petitioner has been kept deprived by the Respondent for a long time, in a complete arbitrary manner.
D. For imposing cost upon the Respondents, for willfully subjecting the Petitioner to harassment and agony at this age, in accordance with law.
E. For any other relief (s) for which the petitioner is found entitled in the eye of law.”
Learned counsel for the State raised preliminary objection and submits that the Government of Bihar through General Administration Department has framed a rule, namely, Bihar Government Servant Grievance Redressal Rules, 2019 (hereinafter referred to as ‘Rules of 2019’) to deal such type of situations and petitioner has liberty to avail his remedy by filing complaint before the concerned authority.
Upon perusal of the said Rules of 2019, it transpires to this Court that under Rule 2(c) of the Rules of 2019, the word ‘complaint’ has been defined, which reads as under:-
“(c)'Complaint' refers to all matters relating to the service and service benefits of serving and retired personnel of State Government as - (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. However, if any of the above related matter is under any Court's consideration then it will not be considered as a complaint under this system. But further, matters relating to disciplinary & departmental action, and transfer / posting / deputation will not be included as complaints under this. Any case, under the Right to Information Act, 2005 will also not be considered as a complaint under this system.”
And the procedure for filing a complaint has also been prescribed under Rule 3 of the Rules of 2019, which reads as under:-
“3.Procedure for filing a complaint- Procedure for registering complaints related to service matters and retirement benefits will be as follows -
(a)Any employee of the Bihar State Government, serving or retired, of any group can file any complaint related to their service matters and/or retirement benefits, through online mode. In the event of death of a Government Personnel, complaint can be lodged by his/her dependent, The applicant will have to mention the details of the office / officer, his/her complaint is related to. Other relevant details will also have to be provided in the online application.
(b)In one application, complaint related to only one subject can be filed. Since no fee is required for registering a complaint, therefore, if a complainant wants relief in more than one subject then he/she has to register a separate application for it. In spite of this, if in the same application relief on more than one subject is being sought for, then in that case, the first issue mentioned in the complaint application will be considered as the complaint and further action will be taken on the same.”
In this view of the matter, it is hereby directed to the petitioner to avail his remedy by way of filing a complaint under Bihar Government Servant Grievance Redressal Rules, 2019 before the concerned authority, within 30 days from today. The concerned authority is directed to decide this matter according to the time frame specified in the Bihar Government Servant Grievance Redressal Rules, 2019 itself.
With the aforesaid direction, this writ petition stands disposed off.