Md. Ruhul Amin CJ
M.M. Ruhul Amin J
Md. Hassan Ameen J
Md. Karam Ali….. Petitioner
Md. Abul Hossain and others…. Respondents
July 29, 2007.
A. F. Hasan Ariff, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record – For the Petitioners.
A. B. M. Nurul Islam, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record – For the Respondent No.1.
Not represented – Respondent Nos. 2-6.
Civil Petition for Leave to Appeal No. 1252 of 2005.
(From the Judgment and Order dated August 28, 2005 passed by the High Court Division in Writ Petition No. 3478).
Md. Ruhul Amin CJ.- This petition for leave to appeal is directed against the order dated August 28, 2005 of a Division Bench of the High Court Division in Writ Petition No. 3478 of 2005 allowing the application filed seeking direction on the respondent No. 5, Upazila Nirbahi Officer, Dohar, Dhaka to sign the pay bills of the teachers and the staffs of Begum Ayesha Pilot Girls High School.
2. The High Court Division upon hearing the learned Advocate for the petitioner allowed the prayer for direction to the respondent No.5 to sign the pay bills of the teachers and staffs as Chairman of the Managing Committee of Begum Ayesha Pilot Girls High School, Dohar, Dhaka.
3. As against the aforesaid order of the High Court Division the writ respondent No.6, a member of the managing committee in the donar category, who was appointed Chairman of the Managing Committee of the school in place of the respondent No. 5 – Upazila Nirbahi Officer, Dohar, Dhaka, has filed the petition for leave to appeal.
4. The learned counsel appearing for the petitioner has submitted that the direction will work harsh upon the internal management of the School concerned. He further submits that the High Court Division by the order sought to be appealed has given the writ petitioner entire relief sought in the writ petition, although, the substantive writ petition is yet to be heard and disposed of on merit.
5. It may be mentioned that the High Court Division while allowing the petition filed by the writ petition seeking direction on the respondent No.5 to sign the pay bills of the teachers and staffs of the School has observed “Despite pendency of the Rule and service upon the respondent No.5, he is not signing the monthly pay bills of the teachers and staffs of the school which seriously prejudiced the school”.
Submissions made by the learned counsel of the petitioner merit consideration.
Accordingly, leave is granted.
Security of Tk. 1000/- is to be deposited within one month.
Preparation of paper book, as prayed for, is dispensed with.
The order of stay passed earlier by this Court is extended till disposal of the appeal.