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Abdul Latif Howlader and others Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)

....tee and subject to there being vacant posts of similar scale available. Let a copy of this judgment and order be transmitted at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 707. ......tee and subject to there being vacant posts of similar scale available. Let a copy of this judgment and order be transmitted at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 707. ......, the learned Advocate submits that the Government is admitting that two boatmen, one night guard and one sweeper were appointed in 2004 in vacant posts of the revenue budget of the institute through examination conducted by the Divisional Selection Committee. He submits that the petitioners arc all..

Category: Employment/Service Law | Date: | Hits: 216

Nuruzzaman (Md.) and others Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....e infructuous. Accordingly, the Rule issued in Writ Petition No.6791 of 2010 is also discharged. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 406. ......e infructuous. Accordingly, the Rule issued in Writ Petition No.6791 of 2010 is also discharged. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 406. ......ated 3-4-2010. The said notice was subsequently amended by another notification dated 15-5-2010. The petition­ers and others appeared before the Selection Board and after qualifying in the viva voce examination they got them selected. Accordingly, a list of suc­cessful candidates was published. Th..

Category: Employment/Service Law | Date: | Hits: 148

Razia Khanam Vs. Md. Shamuzzoha Khan & Others, 2007, 36 CLC (HCD)

.... granted by this Court dated 5.9.2005 is hereby vacated. 30. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 355. ...... granted by this Court dated 5.9.2005 is hereby vacated. 30. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 355. ......urther extension of approval of the college from Board which expired earlier. VI) Impoliteness, inefficiency, unpunctuality etc. 15. The plaintiff herself was examined as P.W.1 who in her cross-examination had admitted the following:- “কলেজ সুপার ভাইজ করা..

Category: Employment/Service Law | Date: | Hits: 118

Md. Abdur Rouf Vs. Bangladesh Agricultural Development Corporation and others, 2005, 34 CLC (HCD)

....directed to follow the judgment of the Appellate Division referred to above if similar dispute arises. There is no order to costs. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 44. ......directed to follow the judgment of the Appellate Division referred to above if similar dispute arises. There is no order to costs. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 44. ......that is, 22.5.1990. By a memo dated 13.1.1991 the Ministry of Agriculture directed BADC to implement the Service Regulations of 1990 cancelling the temporary provision of promotion based on viva-voce examination which was declared not in accordance with law. The Ministry of Agriculture directed BADC..

Category: Employment/Service Law | Date: | Hits: 144

Junnur Rahman (Md.) Vs. Bangladesh Shilpa Rin Sangstha (BSRS) and others, 1997, 26 CLC (HCD)

....t that could also be considered by the Administrative Tribunal. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 39. ......t that could also be considered by the Administrative Tribunal. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 39. ......l be on merit-cum-seniority basis. (5) Out-of-turn promotion may be given in exceptional cases to an employee for outstanding performance, devotion to duties and for qualifying in any professional examination during his service which is a requirement for the higher post. (6) If no suitable can..

Category: Employment/Service Law | Date: | Hits: 194

Gazi Jashimuddin Vs. Bangladesh & others, 1997, 26 CLC (HCD)

.... The respondents are directed to appoint the petitioner to the Police cadre within four months from the date of receipt of this order. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 37. ...... with effect from 15th November, 1995. 2. The facts as stated in the petition, in short, are that, the petitioner who has a good academic record appeared in the fifteenth Bangladesh Civil Service (BCS) Examination, held in the year 1993-1994 bearing roll number D1-8428. He was successful in the e......t, the petitioner who has a good academic record appeared in the fifteenth Bangladesh Civil Service (BCS) Examination, held in the year 1993-1994 bearing roll number D1-8428. He was successful in the examination and secured twelfth position in the merit list and was found fit by the Medical Board an..

Category: Employment/Service Law | Date: | Hits: 194

Matiur Rahman (Md.) Vs. Bangladesh & others, 1998, 27 CLC (HCD)

....titioners vide Annexure-Z(3) of the writ petition. Considering the facts and circumstances of the case, we pass no order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 357....... and 6 of Surplus Public Servant Ordinance No. XXIV of 1985) should not be declared as ultra vires of Articles 27 and 29 of the Constitution and as to why the petitioner should not be absorbed in the BCS (Customs and Excise) Cadre with immediate effect and why the petitioner’s seniority should not......dated 16th February, 1993 by the Ministry of Establishment the petitioner along with others was recruited to the Bangladesh Civil Service Trade Cadre following his outstanding results in the 11th BCS examination in which this petitioner came first in the order of merit. This notification dated 16th ..

Category: Employment/Service Law | Date: | Hits: 186

M. M. Mahboob and others Vs. Sk. Abdur Rashid and others, 2004, 33 CLC (AD)

....ected themselves in making the Rule absolute. In the result, we find substance in the appeal and accordingly, the appeals are allowed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 266. ......ককস/শাখা-১ জ্যেষ্ঠ-৬/৯৯/৪৭ dated 4.1.2000 (Annexure-A to the writ petition). Writ petitioners were appointed to the post of Assistant Commissioner in BCS Administrative Cadre on the recommendation of the PSC and they joined their posts on various dat......re Officer. Thereafter, the said Ministry by memo dated 28.6.1977 decided to fill up the said 465 posts in the manner namely 50% that is 233 posts by promotion, 30% that is 139 posts in the manner by examination form amongst erstwhile EPCS Class-II officers, Election Officers, Sub-Registrars and Dis..

Category: Employment/Service Law | Date: | Hits: 149

Rajshahi Girls' High School, Rajshahi and others Vs. Md. Abdul Mannan, 1995, 24 CLC (HCD)

....opposite party No.1 has failed to prove his case on merits and, as such, the suit is dismissed. There will be no order as to cost. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 472. ......opposite party No.1 has failed to prove his case on merits and, as such, the suit is dismissed. There will be no order as to cost. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 472. ......on is a matter which must of necessity depend on various circumstances, such as availability of permanent post, the satisfactory completion of the period of probation, the passing of the departmental examination and the overall policy of the employer. In this case it is also held that a probationer ..

Category: Employment/Service Law | Date: | Hits: 166

Director General, Bangladesh Railway and others Vs. Niaz Mohammad Ali and others, 2012, 41 CLC (AD)

....ration of Bangladesh Railway”. Security of Tk. 1000/- is to be deposited within 1 (one) month. Preparation of paper book, as prayed for, is dispensed with. This Case is also Reported in: ......ration of Bangladesh Railway”. Security of Tk. 1000/- is to be deposited within 1 (one) month. Preparation of paper book, as prayed for, is dispensed with. This Case is also Reported in: ......p the Guard Grade II Promotion Course of the writ petitioners and asking the writ respondent No.7 to send them back to the Headquarters by depriving them from completing the Course and to sit for the examination as (Annexure-‘G’ to the writ petition). 3. That the relevant facts for disposal ..

Category: Employment/Service Law | Date: | Hits: 222

Matiur Rahman (Md.) Vs. Bangladesh & others, 1998, 27 CLC (HCD)

....tioners vide Annexure-Z(3) of the writ petition. Considering the facts and circumstances of the case, we pass no order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 357. ......6 of the Surplus Public Servant Ordinance No. (XXIV of 1985) should not be declared as ultra vires of Articles 27 and 29 of the Constitution and as to why the petitioner should not be absorbed in the BCS (Customs and Excise) Cadre with immediate effect and why the petitioner’s seniority should not......dated 16th February, 1993 by the Ministry of Establishment the petitioner along with others was recruited to the Bangladesh Civil Service Trade Cadre following his outstanding results in the 11th BCS examination in which this petitioner came first in the order of merit. This notification dated 16th ..

Category: Employment/Service Law | Date: | Hits: 216

Ehsanul Hoque Vs. General Manager, Agrani Bank, 1989, 18 CLC (HCD)

....ed, the question of amendment of the plaint does not arise. Hence the connected rule is also dis­charged without any order as to cost. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 60. ......ed, the question of amendment of the plaint does not arise. Hence the connected rule is also dis­charged without any order as to cost. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 60. ...... thus bad in law and has been set aside by the High Court." 8. In the present case, in paragraphs 7 and 8 of the plaint, it is alleged that the plaintiff was not af­forded opportunities for cross-examination of the P.Ws. and to examine the relevant documents on the basis of which he was found gu..

Category: Employment/Service Law | Date: | Hits: 175

Mahtabuddin Ahmed Vs. The Principal Secretary, President's Secretariat, Dhaka and Others, 1989, 18 CLC (HCD)

....ulgation of the said Proclamation i.e. on the date of repeal of MLO 9. I, accordingly, concur with the order passed by my learned brother. Ed. This Case is also Reported in: 42 DLR (1990) 1. ......ulgation of the said Proclamation i.e. on the date of repeal of MLO 9. I, accordingly, concur with the order passed by my learned brother. Ed. This Case is also Reported in: 42 DLR (1990) 1. ......d of the case was transmitted to the CMLA's Secretariat by the Coordination and Con­trol Cell for National Security after completion of investigation for necessary order for disposal of the case. On examination of the record of the case, the said CMLA's Secretariat found the petitioner not guilty t..

Category: Employment/Service Law | Date: | Hits: 209

Abdul Hye Tafader Vs. Md. Monir Hossain Patwary and others, 2009, 38 CLC (HCD)

....ed. The order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 426. ......ed. The order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 426. ......ed by the opposite parties compulsorily retiring the plaintiff-petitioner from service is illegal, and not binding upon the petitioner, stating, in short, that the petitioner passed the Matriculation examination in the year, 1961 from Shahatoli High School and after getting the Matriculation Certifi..

Category: Employment/Service Law | Date: | Hits: 158

Prof. Nurul Amin Bepari Vs. Vice-Chancellor & others, 1998, 27 CLC (HCD)

.... For the reasons stated above the Rule is liable to be discharged. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 405....... For the reasons stated above the Rule is liable to be discharged. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 405....... further stated that the Syndicate with ulterier motive nominated mostly Junior and incompetent professors including Dr. HK Arefin, Professor of Sociology, who obtained third Division in Intermediate examination. That the Syndicate confirmed the constitution of the Selection Board on 29-12-96. The p..

Category: Employment/Service Law | Date: | Hits: 228

Government of Bangla­desh and others Vs. Jahangir Alam & others, 2011, 40 CLC (AD)

....n law but is just in fact. In the result, all the appeals are dismissed but without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 115; 32 BLD (AD) (2012) 145. ......n law but is just in fact. In the result, all the appeals are dismissed but without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 115; 32 BLD (AD) (2012) 145. ......AC 318, 338, "But what was their legitimate expectation?" Where there is a dispute as to this, the dispute has to be determined by the Court, as happened in In re Findlay. This can involve a detailed examination of the precise terms of the promise or representation made the circumstances in which th..

Category: Employment/Service Law | Date: | Hits: 208

Bangladesh Vs. Dr. Nasiruddin, 1983, 12 CLC (AD)

....this appeal is allo­wed and the judgment and order of the Courts below are set aside and the plaintiff's suit is dismissed. No costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 359. ......this appeal is allo­wed and the judgment and order of the Courts below are set aside and the plaintiff's suit is dismissed. No costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 359. ......bar under section 10 of the Public Conduct (Scrutiny) Ordinance, 1959 could not be raised because the Supreme Court found "the finding in this case is no finding for which protection against judicial examination can be claimed and the order which proceeded thereon is equally liable to interference"...

Category: Employment/Service Law | Date: | Hits: 196

Bangladesh Bank and another Vs. Sukamal Sinha Choudhury and another, 2011, 40 CLC (AD)

....cant. But just before the relevant time for promotion, the respondent No.2 formulated some criteria for promotion to the post of General Manager at the 269th meeting of its Board of Directors held on 27th April, 2005 incorporating therein some new terms and conditions to the prejudice of the petitio......ted earlier be extended till disposal of the appeal. This interim order shall not effect in any way retirement benefit of the respon­dent. Ed. This Case is also Reported in: 9 ADC (2012) 218.......ted earlier be extended till disposal of the appeal. This interim order shall not effect in any way retirement benefit of the respon­dent. Ed. This Case is also Reported in: 9 ADC (2012) 218...

Category: Employment/Service Law | Date: | Hits: 211

Government of Bangladesh and others Vs. Md. Salim Reza, 2003, 22 CLC (AD)

....and other benefits to the employees including the respondent. In that view of the matter, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ......and other benefits to the employees including the respondent. In that view of the matter, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ...... which has not been denied by the writ respondent that:- “That the petitioner No.1 applied for the post for his appointment as Cardiographer and the petitioner was found qualified in the written examination and thereafter was called for by the committee for their interview made the appointment ..

Category: Employment/Service Law | Date: | Hits: 155

Syed Abdul Ali Vs. Secretary, Ministry of Cabinet Affairs, Establishment Division & others, 1979, 8 CLC (AD)

....the dismissal order has been passed without any lawful authority and is of no legal effect. However, there will be no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 256.......the dismissal order has been passed without any lawful authority and is of no legal effect. However, there will be no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 256.......) provides that the Board shall examine the records and witnesses produced before it and may ask for clarification and put questions to witnesses and examine. Sub-Rule (3) provides that if after such examination the Board finds necessary to gather further information in respect of the case, it may e..

Category: Employment/Service Law | Date: | Hits: 107