IN THE SUPREME COURT OF BANGLADESH HIGH COURT DIVISION

(Special Original Jurisdiction)

WRIT PETITION N0. 9401 OF 2019

IN THE MATTER OF:

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

AND

IN THE MATTER OF:

S.M. Golam Haider

------------------Petitioner -Versus-

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

---------------Respondents Mr. Md. Humayun Kabir, Advocate with

Mr. Haripada Barman, Advocate and

Mrs. Taslima Yeasmin, Advocate

-----------For the petitioner

Mr. Bepul Bagmar, DAG

Mr. Mohammed Rezaul Hoque, AAG

-----For the respondent No.4

Judgment On: 19.10.2023

Present:

Mr. Justice Md. Khasruzzaman

And

Mr. Justice Md. Khairul Alam

Md. Khasruzzaman , J:

In the instant writ petition, on 29.08.2019 the Rule Nisi was issued in the following terms:

“Let a Rule Nisi be issued calling upon the respondents

to show cause as to why the provision of the clause No.18.5 of the Ò‡emiKvix wkÿv cÖwZôv‡bi (¯‹zj I K‡jR) Rbej KvVv‡gv I Gg.wc.I bxwZgvjv-2018Ó imposing condition not to

pay the arrear government portion of salary of the teachers and employees of the Non-Government Educational institutions i.e the School & College from

the Government Fund (Annexure-L) should not be declared ultra vires the Constitution and further as to why

they should not be directed to take necessary steps for releasing the arrear government portion of the salary of

the petitioner during suspension period from November,

2014 to January, 2018 including retirement and welfare benefits which remained unpaid to him during that period

of time after proper assessment”

Pertinent facts necessary for disposal of the Rule are that the petitioner applied for the post of Principal, in response to the advertisement published by the concerned authority and the duly constituted selection committee selected the petitioner to be appointed for the said post and consequently the petitioner joined the said College on 17.03.2005 in response to the appointment letter issued by the President of the governing body of the college on

16.03.2005 and since then he has been discharging his duties

honestly, sincerely and with full satisfaction of the authority. The

petitioner was enlisted in the monthly pay order (MPO) from March,

2005 as the Principal being Index No. 010916 and since then he has

been receiving government portion of his monthly salary and other

financial benefit regularly without any interruption till January, 2018

i.e the date of retirement. On 22.01.2015 the governing body of the

college took a decision to suspend the petitioner from his service on

the ground that the petitioner was taken into custody in a criminal

case and on 01.02.2015 the President of the governing body of the

college (respondent No.5) issued a letter to that effect under memo

No. 05/15 dated 01.02.2015. On 02.11.2016 the petitioner was discharged from the allegations brought against him by the Senior

Judicial Magistrate, Court No.1, Khulna vide order No.16 dated 02.11.2016. The governing body of the college has failed to start any proceedings against the petitioner in compliance with the provisions

of the Service Regulations, 1994 or 2015 resulting on 19.11.2017 the

petitioner filed an application before the Vice-Chancellor, National University, Gazipur (respondent No.2) requesting him to take

necessary action against the order of suspension of the petitioner

from his service as the Principal, Dumuria College, Dumuria, Khulna

under regulation 34 of the RvZxq wek^we`¨vj‡qi Awaf~³ †emiKvix K‡jR

wkÿK‡`i PvKyixi kZvejx †i¸‡jkb (ms‡kvwaZ)-2015, but the respondent remained silent without considering the prayer of the petitioner and giving any reply. Though the said application has duly been received by the o