Service Matter Mere wording of 'temporary' used in the appointment letter cannot be the basis for categorizing the employee as temporary appointee in the absence of any fraction period or certain period mentioned in the appointment letter itself. 29 BLC (AD) (2024) 64
No work no pay- They crossed the maximum age for joining government service. The guidelines of the decision reported in 17 BLC (AD) 91. The respondents are further directed to consider the case of the petitioners for appointment in permanent posts of the Republic subject to their having requisite qualifications by disregarding their age...... Bangladesh =VS= Hassan Ahmed Khan, [3 LM (AD) 89]
Once those vacancies are filled in there cannot be any expectation that the candidates who were successful in the examination would automatically be appointed in any future recruitment drive We do not find anything to suggest that any indication was given to the intending applicants that they would be included in a "Panel" or "Waiting List" and would be considered for recruitment in the future. The advertisement in response to which the petitioners applied was for a finite number of vacancies. Once those vacancies are filled in there cannot be any expectation that the candidates who were successful in the examination would automatically be appointed in any future recruitment drive. We do not find that any such assurance was given by the authorities.
The High Court Division observed that from the records it appeared that initially on 20.08.2015 the Bank's Board of Directors (BoD) at its 435th meeting decided to recruit in the post of 'Senior Officer', 'Officer' and 'Officer (Cash)' as per vacancies arising on 31.12.2014 according to rankings in a merit list. This led to communications back and forth between the Bank's BOD and the Ministry of Finance seeking the latter's approval of appointments in the vacancies. Significantly, in its communication of 01.09.2015 to the Ministry, the Bank confirmed, inter alia, that the merit list itself had a validity period till 13.08.2015. Hence, the applicants, though successful, cannot remain in expectation of being appointed after that date. All the civil petitions for leave to appeal are dismissed. Shamimul Ahsan (Md.)=VS-Ministry of Finance, Bangladesh, [9 LM (AD) 68]
Pay the back wages to the workers and salaries to the employees- We wave the fine imposed by the High Court Division and direct the contemnors to pay a lump Sum amount of Tk.50,000/- each within seven days to the Secretary, Ministry of Labour. We direct the Secretary, Ministry of Labour to spend the said amount for the welfare of the workers of those tanneries. The tannery owners are also directed to pay the back wages to the workers and salaries to the employees, if any, remains outstanding till the date of closure of the tanneries within 1(one) month from the date receipt of this order. If they fail to pay their outstanding dues, the workers or employees have their right established in the High Court Division and the High Court Division in that case shall pass appropriate order. ..... Chairman, Bangladesh Finished Leather, Leather goods and Footwear Exporters Association (BFLLFEA) VS Adv. Asaduzzaman Siddique, [5 LM (AD) 153]
Posts of Legal Advisors, Law Officers and Law Instructors on contractual basis, the tribunal and the High Court ought not to have interfered with the policy decision of the Government The Government Resolutions dated 21.08.2006 and 15.09.2006 and also the terms of the agreement respondents with Creation of posts the government. was only for administrative purposes for sanction of the amount towards expenditure incurred but merely because the posts were created, they cannot be held to be permanent in nature. When the government has taken a policy decision to fill up 471 posts of Legal Advisors, Law Officers and Law Instructors on contractual basis, the tribunal and the High Court ought not to have interfered with the policy decision to hold that the appointments are permanent in nature. STATE OF MAHARASHTRA =VS= ANITA, [1 LM (SC) 632]
Promotion- It appears from the impugned memo that it was issued from the Police Headquarters in the form of directives, of them, directive No.5 contains an embargo upon the promotion prospect in respect of those who have landed with three major punishments. In paragraph 6, it has been mentioned that the officers who have received less than three major punishments shall not be eligible for consideration for promotion before expiry of 3 years from the date of punishment. These are policy matters relating to the terms and conditions of service of a police officer and this power has not been given to the Inspector-General of Police by the Police Act Regulation or the Bengal Police or any other law. Bangladesh & others =VS= Md. Abdus Satter & others, [1 LM (AD) 379]
Promotion- The High Court Division has also directed to lift the curtain for enabling the writ petitioners to be considered for promotion. This cannot be done or declared by the court for, it is the police administration which shall consider as to whether or not under the prevailing laws the writ petitioners are eligible to be considered for promotion to the next higher post...... Bangladesh & others =VS= Md. Abdus Satter & others, [1 LM (AD) 379]
Promotion to the higher posts- The High Court Division did not take into consideration that 'the writ-petitioners would also be considered for promotion to the higher posts of Assistant Managers in accordance with DESCO's Service Rules when new vacancy would be created' and considering the fact that 67% of the vacant posts have already been filled up by way of direct recruitment on 27.12.2011, we are of the view that the remaining 33% posts of Assistant Managers should be kept reserved to be filled up by promotions from the writ petitioners in accordance with law as well as pursuant to Board's decision dated 1.12.2001. As such the decision arrived at by the High Court Division being not based on proper appreciation of facts and law, calls for interference by this Division. The judgment and order complained of herein is set aside and these two civil appeals are therefore allowed with observations as made herein above. Dhaka Electric Supply Company Limited =VS=Md. Tamijuddin, [5 LM (AD) 130]
Promotion is not a matter of right- It is clear that the petitioner took a chance of comparing himself with respondents No. 5 and 6 and as they have been given promotion with retrospective effect he should also be given the same, treating him at per with them and as such he should not have been deprived, as he has been, according to him, being of equal status. But the case is quite different. The petitioner being not in service and having not raised any such question any time during his tenure in the service, before his retirement, he cannot, under any circumstances, equate himself with respondents No. 5 and 6 and as such he cannot claim promotion and benefit after two and half years of his retirement on receipt of the full pension benefits without any objection on the basis of equating him with the said two respondents. His case can never be considered to be at per or of equal status with respondents No. 5 and 6. We are of the view that the Administrative Appellate Tribunal correctly appreciated the law and considered the facts of the case and came to a correct conclusion for which it is difficult to find any legal infirmity/flaw in the same and as such there is nothing to interfere with. This civil petition for leave to appeal is dismissed without any order as to cost. ..... Mohammad Shafi Ullah VS Ministry of Disaster Management & Relief, [5 LM (AD) 148]
Resignation letter did not by itself reach finality- The letter sent by respondent No. 1 was a request for him to be released from service and was not accompanied by any deposit of three months' pay as required by Rule 54. Since the authority concerned advised the writ petitioner to take release by depositing the requisite pay and upon obtaining necessary clearance, clearly the resignation letter did not by itself reach finality. The High Court Division posed the question as to how the Samity could accept the writ petitioner's letter requesting his release as a resignation letter since the preconditions, such as depositing money and taking clearance had not been fulfilled. Noting this fact the High Court Division held that the application was not one for resignation and that it was not lawful for the Samity to issue the impugned memo treating the application as one for resignation.
We are of the opinion that the High Court Division did not commit any illegality in making the Rule absolute. We find no merit in the civil petition for leave to appeal, which is accordingly dismissed. Narayangonj Palli Bidyut Samity =VS= Md Abu Sayed Bhuiyan, [6 LM (AD) 55]
Retirement age of Freedom Fighter- The Legislature did not provide the age limit of the Freedom Fighters to serve in the service of the Republic upto 61 years. Here, in this case, it appears from the operative portion of the impugned judgment that the High Court Division directed the writ respondents to enhance the retiring age of the writ petitioners till completion of their service till 61st year of their age.
In exercising the jurisdiction under article 102 of the Constitution the High Court Division cannot direct the Legislature to enact or amend particular law. The Legislature is supreme in its own sphere under the Constitution and it is solely for the Legislature to consider as to when and in respect of what subject matter, the laws are to be enacted. The High Court Division exceeded its jurisdiction assuming the power of Legislature, thereby, extending the retiring age limit of the Freedom Fighters, who have been serving in the service of the Republic. ... Ministry of Law, Justice and Parliamentary Affairs, Bangladesh VS-Shah Jamal Mollah, [7 LM (AD) 197]
Service Rules do not provide any provision of promotion- The Appellate Division held that since the service Rules do not provide any provision of promotion as Assistant Foreman from the driver who has been working as work charged employee, rather the Rules provides that the post of Assistant Foreman should be filled up by way of promotion from Mechanics/Electrician having 5 years service experience in the feeder post, the High Court Division has committed error of law in making the Rule absolute. ....Ministry of Communication & others =VS=Md. Iqbal Hossain, [1 LM (AD) 347]
Temporary employee should not be replaced by another ad-hoc or temporary employee An adhoc ог temporary employee should not be replaced by another ad-hoc or temporary employee; he must be replaced only by a regularly selected employee. This is necessary to avoid arbitrary action on the part of the appointing authority. ..... Dr. Khairun Nahar & others =VS= Prof. M. Iqbal Arslan & others, [1 LM (AD) 63]
Terms and conditions of the service under Article 102(1) of the Constitution is not maintainable This Division has already settled that except challenging the vires of law or alleging violation of fundamental rights, judicial review of a decision of the authority relating to the terms and conditions of the service under Article 102(1) of the Constitution is not maintainable.
The writ-petitioner-respondents have come to a wrong forum and they may still approach appellants, that is, the bank authority by filing departmental appeal to get redress of their grievances in respect of gradation list. If they fail to get proper redress from the appellants, the writ- petitioner-respondents will be at liberty to go to the Administrative Tribunal, which can decide any question relating to the terms and conditions of the service of the writ-petitioner-respondents including the question of malafide in preparation of the gradation list.
This appeal is allowed with the observation made in the body of the judgment that the writ-petitioner- respondents are at liberty to go to the Administrative Tribunal to vindicate their grievances. The impugned judgment delivered by the High Court Division is set aside. Bangladesh Krishi Bank VS= Arun Chandra Banik, [5 LM (AD) 344]
Voluntary retirement- Voluntary retirement scheme is a method used to reduce surplus staffs. Participation in the voluntary retirement plan is voluntary. It has to result in an overall reduction in the existing strength of employees. Accordingly, we are not inclined to accept the observation of the High Court Division that the respondents had been terminated in the grab of voluntary retirement. Moreover, the respondents have filed writ petitioners after about 8 years of the acceptance of their prayers and after receiving retirement benefits. ..... BADC & others =VS= Md. Abdur Rashid & others, [1 LM (AD) 388]
Voluntary retirement accepted by the BADC Authority their retirement became effective- After 10 years of their voluntary retirement and after receiving full financial benefits as offered the prayers for reinstatement cannot be termed as reasonable and fair. After having applied for VRS and taken the money it is not open to them to contend that they exercised the option under any kind of coercion and undue influence. Who had accepted the ex gratia payment or any other benefit under the scheme, could not have resiled therefrom. It became past and closed transaction. The writ petitioners having accepted the benefit could not be permitted to approbate and reprobate nor they be permitted to resile from their earlier stand. Our considered opinion is that the writ petitioner respondents were not entitled to get any relief as prayed for. The High Court Division committed error of law in directing to reinstate the writ petitioner- respondents to their former posts and to pay their back salaries. The judgment and order of the High Court Division are set aside. The Civil Petitions are disposed of in the light of the decision of the appeals. The review petitions are dismissed accordingly. BADC, Dhaka =VS= Shohidul Islam(Md.), [6 LM (AD) 234]
Without issuing any show cause notice the petitioners could not lawfully cancel the letter of appointment of the respondents- It is patent from the records that all the respondents went through the rigorous process of selection and were appointed in their respective post. They were served with notices cancelling their appointment without issuing any show cause notice. The respondents joined their posts and served accordingly for more than nine months at the time of filing their writ petition. We are of the view that without issuing any show cause notice the petitioners could not lawfully cancel the letter of appointment of the respondents.
Non-Government Teacher's Registration and Certification Authority (NTRCA) VS Lutfor Rahman, [4 LM (AD) 288]
Service matter- Considering the above facts and circumstances we find that the Administrative Tribunal did not commit any wrong in setting aside the punishment of removal from service imposed on the respondent No.1. The Administrative Appellate Tribunal also, therefore, did not commit any wrong in affirming the judgment and order of the Administrative Tribunal......Agrani Bank VS Md. Zakir Hossain & others, [1 LM (AD) 109]
Service Matter- It is not permissible to take disciplinary action against a person solely on the basis of adverse remarks made by a Tribunal in a criminal case unless the allegations imputed in the adverse remarks are proved in disciplinary proceeding. ..... Bangladesh VS= S.M. Raiz Uddin Ahmed, [1 LM (AD) 260]
