BANGLADESHBIMAN CORPORATION EMPLOYEES (PENSION AND GRATUITY) RULES, 1988

Section-4

Voluntary retirement—The petitioner filed an application for voluntary retirement—Bangladesh Biman Authority had not considered—Held : Since no allegation could be produced before us or since no proceeding has been started in order to inquire into the alleged allegation, we are of the view that the present petitioner filed the application for voluntary retirement in accordance with the provision of Rule-4 of the aforesaid rules and the authority shall be bound to accept the same and pass an order allowing voluntary retirement of the petitioner—it appears to us that refusal to accept the application for voluntary retirement is absolutely illegal arbitrary, without Jurisdiction and under law the respondents are bound to accept the application for voluntary retirement and issue necessary order thereunder—Rule
is made absolute.

M. Rashiduzzaman Vs. Bangladesh. & Ors. 4BLT (HCD)-164

Bangladesh Biman Corporation Employees (Service) Regulations, 1979 Regulatioin-11A(2) read with Bangladesh Biman Corporation Ordinance, 1977 Rule-5

From reading the aforesaid Rules we are of the view that an employee can be retired from service by the Corporation in exercise of power under rule 5 as well as regulation II A(2) and it is not correct to say that rule 5 does not entitle the Corporation to retire its employee from service.

Bangladesh Biman Corporation. & Ors. Vs. Md. Yousuf Haroon & Ors 10BLT. (AD)-22

Regulation-12 (1)

‘Whether Promotion to Pay Group V from Group IV to be made on the basis of seniority and on the basis of combined Seniority List alone and that petitioners (in writ Petition) have vested right for promotion.

Regulation 1 2 (1) of the Regulations does in no way show that promotion of the personnel of the Corporation to the higher posts is a vested right. The respondent Nos. I and 2 in Appeal No. 25 of 2000
who are the personnel of Bench Fitting shop of GSE Department to no point of time earned any right of being promoted to Pay Group V on the basis of non-exist combined seniority list nor they had any vested right at any time before making of organization order 13 of 1995 and circulation of sepal-ate seniority list by the memo dated 30.12.1995 of being promoted to the post of Junior Officers Maintenance in pay Group V and as such they have not been deprived of any guaranteed of right or that discriminated.

Bangladesh Biman Corp. & Ors. Vs. Md. Tipu Sultan & Ors. 11BLT (AD)-64

Regulation 53(3)

Respondent was employee of the Biman in Pay Group 3 (ii) Respondent’s Case was that before acceptance and communication of the letter f resignation he having had filed letter seeking permission to withdraw his letter of resignation and that he having been allowed to sign attendance registrar, his resignation terminated and thereupon he was very much in the service and as such the authority did acted illegally in accepting his letter of resignation which was in which was not in existence.

Held : We are of the view that by filing a letter seeking permission to withdraw letter of resignation, the resignation with immediate effect does not become nonexistent nor becomes ineffective. The matter of communication of the acceptance of resignation was a mere formality and routine work and as such the time that passed in between 29 August, 1998 and 6 September. 1998 did in no way kept n hibernation Respondent’s which be himself intend to be an immediate one.

Bangladesh Biman Corporation & Ors. Vs. Md. Jasimuddin 11BLT (AD)-30 

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