PATNA, India, Aug. 4 -- Patna High Court issued the following judgment on July 15:

Heard learned counsel for the petitioner and learned counsel for the State.

2. Learned Counsel for the petitioner has filed the present writ petition for the following relief/s:-

"I. To issue a writ of certiorari for setting aside the Notification No. 2704 dated 07.07.2020 (Annexure-P/13) issued under signature of Special Secretary, Agriculture Department, Bihar, Patna (Respondent No.7) by which the Respondent No.7 has illegally modified the date of granting 2nd ACP in pay scale Rs.10,000 to 15200/- to the petitioner w.e.f. 01.01.2011 instead of 21.05.2009.

II. To issue a further writ of certiorari, setting aside/deleting/cancelling the Agriculture Departmental Notification No.90 dated 05.01.2022 issued under the signature of the Respondent No.08 (Annexure-P/14) under which earlier order has been modified by granting pay scale of BP-2 Grade pay-5400/- of 2nd MACP w.e.f. 01.01.2011.

III. To issue a writ of mandamus commanding and directing the Respondent No.5 to grant/pay of pay scale of Rs.10,000-15,200 and grade pay of Rs.7600 by way of issuing salary slip in the light of his approved ACP dated 21.05.2009 and 3rd MACP dated 21.05.2015 in pursuant to Agriculture Departmental Notification No. 3235 dated 30.09.2019 (Annexure-P/10) issued under the signature of the Respondent No.09 and Agriculture Departmental Notification No. 3235 dated 30.09.2019 issued under the signature of respondent No. 09 forthwith.

IV. Any other relief/reliefs for which the petitioner is found entitled in the facts and circumstances of this case"

3. Learned counsel for the State 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 they moved directly before this Hon'ble Court.

4. In response thereof, learned Counsel for the petitioner submits that Hon'ble Full Bench of this Court has decided in Civil Writ Jurisdiction Case No.18727 of 2017 (Kamlanand Thakur Vs. The State of Bihar & Ors.) with other analogous cases vide order dated 28.06.2024. Counsel submits that the petitioner's case is squarely covered in light of the aforesaid Hon'ble Full Bench decision, and as such, he seeks the indulgence of this Court to allow the present writ petition in accordance with the Hon'ble Full Bench decision.

5. In the light of the submissions made by the parties, the present writ petition stands disposed off directing the petitioner to avail the remedy before the Service Grievances Redressal Officer of the department within 30 days from today and in the said rule, time frame has already been made. 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.

Disclaimer: Curated by HT Syndication.