Government of Bangladesh Vs. Md. Aftab Uddin Fakir

Case No: Civil Petition for Leave to Appeal No. 1720 of 2005

Judge: Md. Ruhul Amin ,

Court: High Court Division,,

Advocate: Md. Nawab Ali,Fida M. Kamal,,

Citation: V ADC (2008) 416

Case Year: 2008

Appellant: Government of Bangladesh

Respondent: Md. Aftab Uddin Fakir

Subject: Administrative Law,

Delivery Date: 2006-05-24

Government of Bangladesh

 Vs.

Md. Aftab Uddin Fakir, 2006,

V ADC (2008) 416

 

Supreme Court
Appellate Division

(Civil)
 
Present:
Syed J.R. Mudassir Husain CJ
M.M. Ruhul Amin J
Amirul Kabir Chowdhury J
 
Government of Bangladesh, represented by the Secretary, Ministry Housing & Public Works, Secretariat Building, Ramna, Dhaka & others ............Petitioners

Vs.

Md. Aftab Uddin Fakir...........Respondent
 
Judgment
May 24, 2006.     
 
Administrative Appellate Tribunal
Administrative Appellate Tribunal held that the petitioner was entitled to get pension and gratuity benefits covering the periods of 9 years and 9 months on work-charged basis as there has been palpable discrimination in respect of the petitioner.

Lawyers Involved:
Fida M. Kamal, Additional Attorney General, instructed by Md. Ahsan Ullah Patwary,   Advocate-on-Record-For the Petitioners.
Md. Nawab Ali, Advocate-on-Record-For the Respondent.

Civil Petition for Leave to Appeal No. 1720 of 2005.
(From the judgment and order dated 13.07.2005 passed by the Administrative Appellate Tribunal in Appeal No. 52 of 2001.)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Judgment:
                MM. Ruhul Amin J. - This petition for leave to appeal is directed against the judgment and order dated 13.07.2005 passed by the Administrative Appellate Tribunal, Dhaka in Appeal No.52 of 2001 allowing the same.

2. Short facts are that the petitioner, Md. Aftabuddin Fakir, a retired U.D. Assistant of the P.W.D. instituted A.T. Case No. 262 of 1997 before the Administrative Tribunal-1, Dhaka for a declaration that he was entitled to get pension and gratuity benefits from 17.10.1968 to 30.06.1978 as regular Government employee in continu­ation to his subsequent services till 30.12.1996. He was appointed temporari­ly as Work Assistant by P.W.D's Superintendent Engineer's order dated 17.10.1968 and was posted in the Office of the Superintendent Engineer against Sub-Division No.1 of Development (Bldg) Division No.1, Dhaka. Though he was appointed temporarily as a work-charged employee, the petitioner enjoyed all facilities of a regular employee of the Department like other regular employees. While he was rendering his services as work-charged employee, the Government issued a memo dated 28.03.1969 for con­version of certain temporary posts into permanent post and contingent and work-charged staff into regular establishment. Accordingly, the petitioner was absorbed in regular establishment and appointed as L.D. Assistant. He was promoted to the post of U.D. Assistant by office order dated 27.07.1995 and lastly retired from service on 30.12.1996. The petitioner had rendered 28 years 1 month and 9 days of services with effect from the date of his appointment as temporary work Assistant but the respondents most illegally and arbitrarily excluded his work-charged period of services from 11.10.1968 to 30.06.1978 for the purpose of not giving him pension benefit to the said period.

3. The respondent contested the case by filing a written statement contending, inter alia, that the petitioner was serving as a work-charged employee for about 9 years and 9 months on temporary basis and thereafter he was appointed afresh as L.D. Assistant on 30.06.1978 against the regu­lar substantive post of the Department and accordingly he was refused pension bene­fits for the period he served temporarily as work-charged employee.

4. The Administrative Tribunal No.1, Dhaka dismissed the case. On appeal being   Appeal No.52 of 2001 the Administrative Appellate Tribunal allowed the appeal as noticed earlier.

5. We have heard Mr. Fida M. Kamal, the learned Additional Attorney General for the petitioner and Mr. Md. Nawab Ali, the learned Advocate-on-record for the respondent and perused the judgment of the Administrative Appellate Tribunal and other connected papers.

6. There is no dispute that the petitioners rendered 9 years 9 months continuous, service as work-charged basis and there­after he was absorbed against regular sub­stantive post in the Department without any break of service. It is also undisputed that one Md. Harun-Ur-Rashid, U.D. Assistant of the same Department who rendered 6 years 2 months and 27 days of services on work-charged basis, on his retirement was given full pension benefits covering the period of his services as a work-charged employee but in the case of the petitioner the same benefit was denied. Thus there has been palpable discrimina­tion in respect of the petitioner. The Administrative Appellate Tribunal further found that in case of one Shafiuddin Ahmed U.D. Assistant-Cum-Typist of the same Department the authority concerned granted him full pension and gratuity ben­efits covering the period of his services on work-charged basis but in case of the peti­tioner a different view was taken and his pension and gratuity etc. for the period of his service on work charged basis was denied most arbitrarily and without any lawful basis. Accordingly, Administrative Appellate Tribunal held that the petitioner was entitled to get pension and gratuity benefits covering the periods of 9 years and 9 months on work-charged basis.

7. It appears that the Administrative Appellate Tribunal considered a number of government circulars issued by the Ministry of Establishment and the office orders issued by the P.W.D. in this connec­tion and arrived at the decision. There is no cogent reason to interfere with the same.

8. The leave petition is dismissed upon condonation of delay.

Ed.