BANGLADESH BRIDGE AUTHORITY Vs. MUKUL KUMAR BISWAS
SUPREME COURT OF BANGLADESH
Bangladesh Bridge Authority
Mukul Kumar Biswas
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MD.JOYNUL ABEDIN J. -
(1.) This petition for leave to appeal is directed against the judgment and order dated 9-6-2008 passed by a Division Bench of the High Court Division in Writ Petition No. 7173 of 2007 making the Rule absolute.
(2.) The short fact is that writ petitioner-respondents filed the aforesaid writ petition challenging the order vide Memo dated 9-3-2002 dismissing them from their services in the writ respondent petitioner, Bangladesh Bridge Authority as illegal. The writ petitioner respondents joined in various posts in the writ respondent petitioner on various dates. The writ petitioner respondents were appointed by the writ respondents on condition "No work no pay" on urgent basis. Subsequently they were regularised on 5-11-2001 and 8-11-2001 by the Jamuna Multipurpose Authority. On 9-3-2002 the impugned letters were issued by the respondent Nos. 3 and 4 canceling the aforesaid appointment letters. Rule was issued and the writ respondent petitioners contested the same by filing affidavit-in-opposition and subsequently, it was made absolute by the impugned judgment dated 9-6-2008. Hence this civil petition for leave to appeal by the writ respondents.
(3.) Mr. Md. Abdun Nur, the learned Advocate-on-Record for the petitioners submits that the project, Jamuna Multipurpose Bridge, Project, Rehabilitation Project and Environment Project against which the writ petitioner respondents were appointed, has in the meantime, expired and there is no scope to regularise or appoint the writ petitioner respondents in their previous post and position and it is practically impossible to carry out the Judgment and order of the High Court Division. He lastly submits that the case involves important questions of law of public importance as to the interpretation regarding regularisation of Government servants appointed in project where project expired or abolished.;
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