M. M. SHAHIDUR RAHMAN Vs. GOVERNMENT OF BANGLADESH

JUDGEMENT

(1.) Civil Appeal No. 14 of 1992 has been filed as of right following certificate granted by the High Court Division under Article 103 (2)(a) of the constitution in Writ Petition No.1374 of 1990. Civil Appeal No. 65 of 1992 follows leave to appeal from judgment and order dated 26 July 1992 passed by the High Court Division in Writ petition No. 51 of 1990 (renumbered as W. P. No. 1404 of 1991) discharging the Rule.

(2.) The same question being involved in both the appeals, namely, the vires of the Mujibnagar Employees (Conditions of Service) Rules, 1980 dated 29 November 1980 made by the President under the proviso to Article 133 of the Constitution, (hereafter referred to as the Rules), they have been heard together and will be disposed of by this judgment. In W. P. No. 1374 of 1990 the appellant obtained a Rule Nisi challenging the aforesaid Rules and Memo No.21(8) Admn-9/89/337 dated 10.6.90 issued by the Secretary (Administration) National Board of Revenue, respondent No.3, granting seniority to respondent Nos. 4-11 from their respective dated of appointment at Mujibnagar on the basis of the said Rules.

(3.) The Appellant was selected by the Bangladesh Public Service (Second) Commission for appointment as Inspector of Customs and Excise under the National Board of Revenue, Government of Bangladesh and he joined the said post on 12.1.1973. He alleged that respondent Nos. 4, 5, 8 and 10 were directly recruited qqas Inspector of Customs and Excise by the Collector of Customs and Excise. Respondent Nos. 7 and 11 were previously employed in the Consumers Supplies Corporation from where they were aborted as Inspectors of Customs and Excise. Respondent Nos. 6 and 9, were selected, like the appellant, by the Public Service Commission but were appointed later than the appellant.