Services (Re-Orgaoisations
and Condition) Act [XXXII of 1975]
Section 2(b)—
Section 2(b)
thereof provided that “In this” Act, “pay” includes salary,
allowance and any other emoluments by whatever name called.
The
memorandums introducing Annual Festival Bonus in 1980, re-introducing Dearness
Allowance in 1982 and again introducing Festival Allowance in 1984 were not
orders passed in exercise of powers under any provisions of Act XXXII of 1975
but were executive orders making ex-gratia payments in exercise of inherent
discretionary power to grant financial relief. Definition of the word
“pay” in section 2(b) of Act XXXII of 1975 not to be imported to the
above office memorandums.
Md Israil vs
Secretary, Ministry of Industries 40 DLR 520.
Section 2(b)—
Government
did not intend to include Dearness Allowance for payment of Festival Bonus.
Md Israil vs
Secretary, Ministry of Industries 40 DLR 520.
Para 2(X)—
In broad
concept the service of the Republic means all services of Bangladesh. It is a
generic term and person who is getting emolument because of his service in the
Republic is a public officer. In that sense, the member of the judicial service
and the magistrate exercising judicial functions are no doubt public officers
in the generic term. But within the scheme of the Constitution of the People’s
Republic of Bangladesh the nature of judicial service has been contemplated as
distinct and· separate from other works performed by other officers of other
cadre services. The judicial service is, of course, included in the definition
of service of the Republic but they have been separately treated within the
scheme of the Constitution as reflected in Articles 115, 116, 116A and 152(1)
of the Constitution.
Secretary,
Ministry of Finance Dhaka vs Md Masdar Hossain and others 52 DLR (AD) 82.
Para 2(X)—
Per Latifur
Rahman J : Article 136 of part IX speaks of reorganisation of service of the
Republic by creation, amalgamation or unification of services and such law may
vary or revoke any condition of service of a person employed in the service of
the Republic. This concept of reorganisation of service is available to all
other civil posts including executive service of Republic other than members of
the judicial service and magistrates exercising judicial functions as they have
been treated separately under Articles 115, 116 and 116A of the Constitution.
Article 136 refers to all general services of civil posts. ‘Judicial service’
has been separately treated in the relevant constitutional provisions and as
such conditions of service are to be separately framed under Article 133 and it
cannot be tagged as Bangladesh Civil Service (Judicial) under paragraph 2(x) of
Act XXXII of 1975.
Secretary,
Ministry of Finance Dhaka vs Md Masdar Hossain 52 DLR (AD) 82.
Sections 3 & 5—
The
appellants’ argument that by receiveing the same scale of pay the preventive
officers and appraisers have become members of the same grade with effect from
26-6-83 and therefore, the Preventive Officers became senior as a class to
those who have been appointed directly as Appraisers after 26-6-83 cannot be
accepted for the simple reason that these two classes of officers are graded
differently and these posts have not been treated as equivalent posts, although
they are drawing the same scale of pay.
Azizul Huq
Sikder and others vs Collector of Customs, Chittagong 49 DLR (AD) 172.
Section 4—
Notification—Guideline
for promotion—In the impugned guideline prepared by the Ministry of
Establishment there is no justification for reservation. So the reservation of
75% of posts for members of Civil Service (Administration) was made
arbitrarily.
Abdul Mannan
(Md) vs Government and others 5 DLR 237.
Section 4—
The
Preventive Officers, Appraisers, Superintendents, Inspectors and Intelligence
Officers cannot be placed and treated in the same grade and equal status till
their services are not amalgamated under section 4 of the Services
(Reorganisation and Conditions) Act.
Salahuddin
Talukder (Md) vs Government of the People’s Republic of Bangladesh 56 DLR 161.
Section 5—
The Grades
of Appraisers and Preventive Officers still remain the same as in the
Notification dated 20-12-77. Preventive Officers cannot claim upgradation by
implication. It must be done by an act of volition by the Government by Gazette
Notification.
Azizul Huque
Sikder and others vs Collector of Customs, Chittagong and others 49 DLR (AD)
172.