Bangladesh Service Rule

Rule 5(57)-

"Traveling allowance"-It varies upon the circumstances of each journey undertaken by an employee.

Government of People's Republic of Bangladesh represented by the Secretary Ministry of Labour and Manpower, Bangladesh Secretariat Dhaka vs Hasan Movies Ltd and others 48 DLR (AD) 40.

Rule 21-

A vested right was created in favour of the petitioner to the post of Director General of Bangladesh Shilpakala Academy and such a right cannot be taken away by cancelling his contractual service as Principal of Music College as he joined the College keeping his lien to his service as the Director General. Since his lien was kept intact and it was never cancelled, he ought to have been allowed to join his former post as Director General of Bangladesh Shilpakala Academy.

Azad Rahman vs Government of the People's Republic of Bangladesh and others 49 DLR 298.

Rule 24(1)-

lf Class III and Class IV employees have been exempted from operation of rule 24(1) then it is an improvement in their general condition of service. If any authority violates this improved condition of service then it is a clear violation of the general conditions of service of that employee.

Government of Bangladesh and Ors vs Mohammad Faruque 51 DLR (AD) 112.

Rule 72(b)-

The review forum having found the respondent honourably acquitted the Tribunals below rightly held that the respondent is entitled to the arrear pay and allowances.

Secretary, Ministry bf Establishment vs AM Nurunnabi 53 DLR (AD) 41.

Bangladesh Service Rules, 1983

Rule 342(2)-

Duty to pay pensions to a person who has worked for the stipulated period of time remains an undischaged contractual obligation-Where the employee retires or is terminated there must exist provision for payment of pension, describing the mode and timing of payment of pension to terminated employees, else courts will imply terms to that effect.

MA Jalil vs Rupali Bank Ltd and others 54 DLR 566.

 

Bangladesh
Service Rules

 

Rule—24(1)

Under
Rule 24(1) of Bangladesh Service Rules Government Servant may be transferred
from one post to another. This is a term and conditions of service of a
Government servant If Class III and Class IV employees have been exempted from
operation of Rule 24(1) then it is an improvement in their general condition of
service. If any authority violates the said improved condition of service and
transfers a Class III or Class IV employee from one station to another then it
is a clean violation of the general conditions of service of that employee.

Government
of Bangladesh and ors., Vs Mohammad Faruque, 18 BLD (AD) 277.

 

RuIe—72,
Note 4

The
period of absence of Government servant on reinstatement in service after
wrongful retirement shall be treated as a period spent on duty and he will be
entitled to pay allowances and as admissible under clause (a) of the Rule.
Clause (a) of Rule 72 speaks that in case of honourable acquittal the incumbent
is entitled to full pay to which he would have been entitled if he had not been
dismissed or removed or suspended. The Administrate Appellate Tribunal rightly
held that the respondent is entitled to the arrear pay and allowances.

Secretary,
Ministry of Establishment Vs A .M Nurunnabi 21 BLD (AD) 41.

 

Bangladesh
Service Rules

Rule-52 read with Fundamental Rule-29

The
punishment inflicted upon the appellant by the domestic tribunal is defective
for not fixing any time limit for the reduction in rank. For this defect the
penalty itself cannot be set aside, but only modified. This will not only be in
conformity with Rule 52 of the Bangladesh Service Rules hut also with
Fundamental Rule 29, although Fundamental Rule 29 has been framed in a
different context. Having regard to the facts and circumstances of the case we
think that the ends of justice will be met if we only state the period of
reduction in rank of the appellant.

S. N. Chowdhury Vs.
Govt. of Bangladesh & Ors. 9BLT (AD)-145.