Patna High Court

CWJC/12597/2026 of Subodh Kumar Singh Vs The State of Bihar on 18 August 2026

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COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12597 of 2026 ====================================================== 1. Subodh Kumar Singh @ Subodh Kumar son of Late Krishna Singh Designation Correspondent clerk posted at Superintending Engineer Building construction Dept. Circle

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12597 of 2026

======================================================

1.

Subodh Kumar Singh @ Subodh Kumar son of Late Krishna Singh Designation Correspondent clerk posted at Superintending Engineer Building construction Dept. Circle Office Chapra District Saran at chapra.

Permanent Address Asad Nagar Batraul Post Office lalganj District Vaishali.

2.

Rajdeo Prasad Singh Yadav son of Late-Parmanand Rai Designation Correspondent clerk posted at Superintending Engineer Building construction Dept. Circle Office Chapra District Saran at chapra. Permanent Address village Aloni Post Office Garkha Police Station Garkha District Saran.

3.

Prashant Kumar Sinha Son of Late Ashok Kumar Sinha Designation L.D.C.

Correspondent clerk posted at Executive Engineer Building Division, Gopalganj. Permanent Address Resident of Village Dighwan Post Office Dighwa Dubauli Police Station Baikunthpur District Gopalganj.

4.

Ravindra Kumar son of Late Ram Ayodhya Singh Designation Correspondent clerk posted at Executive Engineer Building Division, Gopalganj. Permanent Address Resident of Village Bhimpur Police Station Barahariya District Siwan.

5.

Ranjan Sharma son of Late Ram Najar Sharma Designation Correspondent clerk posted at Executive Engineer Building Division, Saran. Permanent Address Resident of Village Brahimpur Post Office Chapra District Saran.

6.

Md. Akbar Ali Ansari son of Late Muslim Ansari Designation Correspondent clerk posted at Building Division, Chapra, Saran retired on 30.06.2020 Permanent Address Resident of Mohallah Chhota Telpa Korar Post Office Chapra Head Office Police Station Town Thana District Saran.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar Patna.

2.

The Principle Secretary Finance Department Govt. of Bihar Patna.

3.

The Secretary (Expenditure) Department of Finance Government of Bihar Patna.

4.

The Secretary Building Construction Department Government of Bihar Patna.

5.

The Executive Engineer Building Division Chapra Saran.

6.

The Superintending Engineer Building Circle Chapra Saran.

7.

The Executive Engineer Building Division Gopalganj, Gopalganj.

... ... Respondent/s

Appearance :

For the Petitioner/s

:

Mr. Shrinath Manjhi, Advocate

For the Respondent/s

:

Mr. Kumar Manglam, AC to SC-24

CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN

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ORAL JUDGMENT

Date : 18-08-2026 Heard learned Counsel for the petitioners and learned Counsel for the State.

2. The present writ has been filed by the petitioners with the following reliefs: “I. For issuance of a writ in the nature of Certiorari to quash the order dated 17.02.2026 passed by Service Grievance Redressal Officer Department of Building Construction under Bihar Government Servants Grievance Redressal Rules 2019, stating therein that no direction has been passed either department or Hon'ble High Court. Hence the aforesaid representation is not acceptable, whereby and where under petitioner has earlier filed writ application vide C.W.J.C No. 1825 of 2022 for direction to the concern authority to rectify the pay anomaly and to provide the pay scale of Rs. 4000-6000 to the lower division clerk instead of Rs. 3050-4590/- w.e.f. 20.12.2000 with parity to junior Account Clerk and pay scale of Rs. 4500-7000/- instead of Rs.4000- 6000/- to the upper division Clerk/Correspondence Clerk w.e.f. 01.01.1996 with parity of senior Accounts Clerk of Works Departments who have been provided the said pay scale by virtue of resolution contained in memo No.3111 dated 25.03.2015 (Annexure-4) issued by Finance Department.

II. For holding and declaring that there is no rationality to provide different two pay scales of Rs.3050-4590/- and Rs.4000-6000/- to the Lower Division Clerk/Jr. Accounts Clerk and two different pay scale of Rs. 4000-6000/- and Rs.4500- 7000/- to the upper division Clerk/Correspondence Clerk/Sr. Accounts as per norms of previous pay scales of said posts.

III. For issuance of direction to pay the consequential benefits i.e. differences of arrears w.e.f. the date when Jr. and Sr. Accounts Clerks have got the said pay scale of Rs.4000-6000/- and Rs.4500- 7000/- respectively.

IV. For issuance of any other relief/reliefs for which the petitioners are found entitled in the eye of law.”

3. Learned Counsel for the petitioners fairly submits that petitioners have earlier moved before this Hon’ble Court in CWJC No. 1825 of 2022 in which void order dated 05.01.2016, the petitioners were directed to file representation under the Bihar Government Servant Grievance Redressal

Rules, 2019. Counsel submits that the petitioners have filed their complaint under the said rule but it has been rejected, thereafter, they have filed the present writ petition.

4. Learned counsel for the State, on the other hand, submits that in the said Rules, the provision of appeal is there. But the petitioners have challenged this order directly before this Hon’ble Court without preferring the appeal.

5. After hearing the parties, it transpires to this Court that under Rule 8 of the Bihar Government Servant Grievance Redressal Rules 2019, there is a provision of appeal which states as follows: “8. Appeal:- (1) Any person who is aggrieved by the decision passed by the Service Grievance Redressal Officer may file an appeal to the appellate authority within thirty days from the expiry of the stipulated time limit or from the date of the decision of the Service Grievance Redressal Officer. An appeal against the order passed by the district level Service Grievance Redressal Officer may be filed with the District Magistrate of the concerned district and the same against the order passed by the Service Grievance Redressal Officer, with the concerned Additional Chief Secretary/Principal Secretary/Secretary of the concerned department. Procedure for an appeal application, from the receipt to the order being passed will be similar to that of the complaint application.

(2) The maximum time limit for hearing and disposal of an appeal will also be similar to the time limit fixed for hearing and redressal of a complaint.”

6. In the light of the submissions made, this writ petition is disposed of directing the petitioners to avail the remedy of appeal within 30 days from today along with a copy of this order. The concerned authority is directed to decide this matter according to the time frame specified in the said Rules of 2019 itself. The delay, if any, in filing the appeal shall be condoned.

Mkr/anjali/- (Dr. Anshuman, J) AFR/NAFR NAFR CAV DATE NA Uploading Date 19.08.2026 Transmission Date NA

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