Employees Service Regulations, 1981
Services Rules 1983, Rule—342(2)
is not an ex-gratia payment. Pension is earned by an employee during the period
he works and is part of the consideration of the contract of employment, though
the same is payable after his employment comes to an end. The Bank’s service
regulations adopted the Bangladesh Service Rules for payment relating to
pensions for its permanent employees, but the Bangladesh Service Rules have no
provision for payment of pension to terminated officers as there is no law to
terminate the services of a Government servants. But as Rule 342(2) of the said
Rules caters for a situation similar to termination simpliciter by providing
for retiring pension to an officer who is required by the Government to retire
after completing twenty-five years service, without giving any reason, a term
is implied into the Bank’s Service Regulations that Rule 342(2) shall apply to
employees terminated without assignment of reason.
M. A. Jalil
v. Rupali Bank Ltd. and others, 22 BLD (HCD) 264.
Azizur Rahman v. Burmah Oil Company 13DLR458, Sarat Chand v. Sreemuthy Mohun
Bibi (1898) 2 CWN 201; Riding v. Hawking (1889) 14PD56; Mihir Datta v. Anadi
Lal Kukherjee AIR 1980 Cal 339; Bangladesh Bank v. Mohammad Abdul Mannan 46
DLR(AD)1; Rookes Case 1598 5 CoRep 998; The Moorcock (1889) 14PD64; Reigate v.
Union Manufacturing Co. (1918) 1 KB 592; Shirlaw v. Southern Foundries Ltd.
(1939)2 All ER 113; Trollope and Coils Ltd. v. North West Metropolitan Regional
Hospital Board (1973) 2 All ER 260; Greaves & Co. (Contractors) Ltd. v.
Baynham Meikie and Partners (1975) 3 All ER 99; Bansi Ram v. Narsingha Santra
IC 805; Municipal Council Salem v. B. Gururaja Rao (1935) AIR Mad 249.