IN THE SUPREME COURT OF BANGLADESH HIGH COURT DIVISION

(SPECIAL ORIGINAL JURISDICTION)

Writ Petition No. 7018 of 2020.

In the matter of:

An application under article 102(2) of the Constitution of the People’s Republic of Bangladesh.

-And-

In the matter of:

Muhammad Shafiqur Rahman.

...... Petitioner -Versus-

Secretary, Road Transport and Highwarys Division, Ministry of Road Transport and Bridges and others.

..... Respondents

Mr. Sharif Ahmed, Advocate

. . . . For the petitioner

Mr. Hasibul Huq, Advocate

. . . For the respondent No.2

Mr. Munirujjaman, Advocate

. . . For the respondents No. 5, 7 and 8.

Present:

Mr. Justice J. B. M. Hassan and

Mr. Justice Razik Al Jalil

Heard on 07.03.2024 and Judgment on 14.03.2024.

J.B.M. Hassan, J.

The petitioner obtained the Rule Nisi in the following terms:

“Let a Rule Nisi be issued calling upon the respondents to show cause as to why the Gradation List of Accounts Assistants, (Grade-1) dated 26.02.2014 signed by the respondents No. 3 and 4 prepared on the basis of joining date of the concerned employees (Annexure-E to the writ petition) And the memo bearing No. 35.04.0000.011.00.214.09-1865 dated 15.11.2018 so far as it relates to giving promotion to the respondents No.

5-8 on the basis of Gradation List dated 26.02.2014 (Annexure- G to the writ petition) And the memo bearing No. 35.04.0000.009.00.009.20-522 dated 17.06.2020 issued under the signature of the respondent No.2 rejecting the petitioner’s application dated 04.11.2019 for cancelling promotion order dated 15.11.2018 (Annexure-J to the writ petition) should not be declared to be without lawful authority and of no legal effect And why the respondents should not be directed to restore seniority of the petitioner as per rule 14(2) of the “h¡wm¡ cn psL f¢lhqe LjÑQ¡l£ Q¡L¥¢l fË¢hd¡ej¡m¡-1990” and/or pass such other or further order or orders as to this Court may seem fit and proper.”

Relevant facts leading to issuance of the Rule Nisi are that through a

competitive recruitment process, the petitioner and the respondents No. 5-8 were appointed by the recruitment letter dated 28.06.2006 in the post of Accounts Assistant (Grade-2) under the Bangladesh Road Transport Corporation (the Corporation or the BRTC). In the competitive process, the petitioner scored 80 while respondents No.5-8 scored 79, 78, 78 and 78 respectively. In the appointment letters dated 28.06.2006 all the appointees were asked to join the service on or by 12.07.2006. Accordingly, the petitioner joined the service on 03.07.2006 while the respondents No. 5-8 joined the service on 29.06.2006.

There was no Gradation List when the petitioner was