সতর্কীকরণ! কেস রেফারেন্স ওয়েবসাইটে প্রকাশিত অধিকাংশ নজীর বিভিন্ন বই ও ওয়েবসাইট থেকে সংগ্রহ করা হয়েছে। এই সকল নজীর এর সঠিকতার বিষয়ে কেস রেফারেন্স ওয়েবসাইট কোন নিশ্চয়তা প্রদান করে না। কেস রেফারেন্স ওয়েবসাইটে প্রকাশিত নজীর এর উপর নির্ভর এর আগে সংশ্লিষ্ট নজীরটির রেফারেন্স মিলিয়ে নেওয়ার অনুরোধ করা হচ্ছে।
Retirement Benefit
Since the provisions relating to retirement benefits of the officers and employees of the semi government, autonomous bodies, corporations, banks and other financial institutions are regulated by their specific laws, they are bound by the provisions of the respective laws and they are not entitled to get any benefit, which the law does not permit. [73 DLR (AD) (2021) 63]
Article 104-All the semi government organizations/ autonomous bodies corporations/ nationalized banks and financial institutions fixation and payment of the retirement benefits/gratuity- The provisions relating to retirement benefits of the officers and employees of the semi government, autonomous bodies, corporations, banks and other financial institutions are regulated by their specific laws, they are bound by the provisions of the respective laws and they are not entitled to get any benefit, which the law does not permit. All the semi autonomous government bodies/ organizations/ corporations/ nationalized banks and financial institutions should follow the respective laws for the purpose of fixation and payment of the retirement benefits/gratuity etc. of their officers and employees. ... Ministry of Agriculture, BD -VS- Kh Mosaddeq Hossain, [8 LM (AD) 284]
Article 27-The respondents filed Writ Petition No. 1539 of 2009 against the Bangladesh Agricultural Devel- opment Corporation (the BADC) and others in the High Court Division and obtained Rule challenging the orders bearing No. কৃষি-৩/জে২২/২০০১/৪৪৯ dated 26.06.2002 (hereinafter referred to as order dated 26.02.2002) and স্মারক নং- বিএডিসি/ হিসাব/ সম/ ২০০১- ০২/০৪(৩০) dated 03.07.2002 (hereinafter referred to as letter dated 03.07.2002) to recover excess amount so paid as gratuity pursuant to notification No. অম/অবি (বাস্ত-১)/বিবিধ- ৫/৯৫/২৩০ dated 19.11.1995 issued by the Ministry of Finance.
The High Court Division made all Rules absolute and declared the letter dated 26.06.2002 to have been passed without lawful authority. In the said judgment, the concerned writ respondents were also di rected to implement office order dated 19.11.1995 in respect of the writ petitioners of all those writ petitions.
Against the aforesaid judgment and order, the writ respondents of the respective writ petitions preferred Civil Appeals.
It is now well established that classification can be based on some quality or characteristics of the person grouped together. The guarantee of equality is not applicable in between members of distinct and different classes of the service holders. The Constitution does not command that in all matters of employment absolute symmetry be maintained.
Article 27 does not guarantee absolute equality requiring the law to treat all persons alike. Semi government organization, Corporations and other autonomous bodies. can be treated separately from the government servants.
Since the provisions relating to retirement benefits of the officers and employees of the semi government, autonomous bodies, corporations, banks and other financial institutions are regulated by their specific laws, they are bound by the provisions of the respective laws and they are not entitled to get any benefit, which the law does not permit.
All the semi government organizations/ autonomous bodies/ corporations/ nationalized banks and financial institutions should follow the respective laws for the purpose of fixation and payment of the retirement benefits/gratuity etc. of their officers and employees. Secretary, Ministry of Agriculture, Bangladesh Secretariat Dhaka and others Vs. Kh. Mosaddeq Hossain and others (Civil) 18 ALR (AD) 62-73
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