IN THE SUPREME COURT OF BANGLADESH HIGH COURT DIVISION

(SPECIAL ORIGINAL JURISDICTION)

WRIT PETITION NO. 8493 OF 2019 IN THE MATTER OF:

An application under Article 102 of the Constitution of the People’s Republic of Bangladesh.

-And-

IN THE MATTER OF:

Mariam Mujahida ....…Petitioner -V E R S U S-

The Government of the People’s Republic of Bangladesh, represented by the Secretary, Secondary and Higher Education Division, Ministry of Education, Bangladesh Secretariat, Dhaka and others.

......Respondents.

Mr. Md. Humayun Kabir, Advocate

...…For the Petitioner Mr. ABM Abdullah Al Mahmud, DAG with Mr. Ashique Rubaiat, A.A.G

........ For the respondents

Present :

Mr. Justice K.M. Kamrul Kader

And

Mr. Justice Mohammad Ali

Heard On: 28.09.2021, 04.08.2022, 10.11.2022, 17.11.2022

And

Judgment on: 09.03.2023

K. M. Kamrul Kader , J :

On an application under Article 102 of the Constitution of the People’s Republic of Bangladesh, this Rule Nisi was issued on 01.08.2019, in following terms:-

“Let a Rule Nisi be issued calling upon the respondents to show cause as to why inaction of the

respondents in absorbing and regularizing the service of the petitioner as the Principal of the Government Rajoir Degree College, Rajoir, Madaripur by creating her post with effect from the date of Nationalization of her college and to pay her salary and other benefits as per provisions of the relevant national pay Scale of the government should not be declared to have been passed without lawful authority and is of no legal effect and as to why a direction should not be given upon the respondents to absorb and to regularize the service of the petitioner as the Principal of the government Rajoir Degree College, Rajoir, Madaripur by creating her post with effect from the date of nationalization of her college and to pay her salary and other benefits as per provisions of the relevant National Pay scale of the Government and /or pass such other or further order or orders as to this court may seem fit and proper.

Facts relevant for disposal of the Rule are that, the petitioner has been discharging her duties as Principal of the Government Rajoir College, Rajoir, Madaripur. She has successfully completed her academic career and obtained B.A (Hon’s) and M.A degree in English, securing 2nd Class from University of Rajshahi and thereby she applied for the post of Lecturer, Department of English, Charmugria College, Madaripur, in response to the advertisement published by the concerned authority and the selection committee selected the petitioner to the said post. Consequently, she joined in the said college on 08.01.1992 in response to the appointment letter dated 01.01.1992 issued by the Principal of the said college and since then she has been serving as Lecturer of the said college for more than 10(ten) years. Thereafter, the petitioner was enlisted in the Monthly Pay Order (MPO) from June, 1992, her Index No. is 400740 and since then she has been receiving the MPO benefits against her service. In the meantime, she was promoted as the Assistant Professor (A/P) from the Lecturer. In course of service, she applied for the post of the Vice- Principal, Kazi Mintu College, Kotalipara, Gopalganj, in response to the advertisement published by the concerned authority and the selection committee duly selected her for the said post of Vice-Principal and she joined in the said college on 23.09.2002 in response to the appointment letter dated 19.09.2002 issued by the Principal of the said College. Since then she has been serving as Vice-Principal of the said College for more than 06(six) years and she has been receiving the MPO benefits against her post from September, 2002 through her Index No. 400740. Thereafter, the petitioner applied for the post of the Principal, Rajoir Degree College, Rajoir, Madaripur in response to the advertisement published by