IN THE SUPREME COURT OF BANGLADESH HIGH COURT DIVISION

(SPECIAL ORIGINAL JURISDICTION)

Writ Petition No. 6606 of 2015

In the matter of:

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

AND

In the matter of:

Md. Motahar Hossain

………… Petitioner.

-Versus-

Government of the People’s Republic of Bangladesh, represented by the Secretary, Ministry of Education, Bangladesh Secretariat, Shahbag, Dhakaand others,

... Respondents.

Mr. Bivash Chandra Biswas, Advocate

…For the petitioner. Mr. Bepul Bagmar, D.A.G.

…For respondent No.1. Mr. Md. Humayun Kabir, Advocate with Mr. Sarwar Ahmed, Advocate with

Mr. Utpal Biswas, Advocate and

Mr. Songjukta Dobay, Advocate

..For Respondent Nos. 7-9.

Judgment on: 13.12.2023

Present:

Mr. Justice Md. Khasruzzaman

and

Mr. Justice K M Zahid Sarwar

MD. KHASRUZZAMAN, J.:

In an application under article 102 of the Constitution, on 29.06.2015 the Rule Nisi under adjudication was issued in the following terms:

“Let a Rule Nisi be issued calling upon the respondents to show cause as to why the impugned inaction in not passing any

order by the respondent No.2 for cancelling the salary sheet forwarded to the Rupali Bank Limited, Satkhira Branch by the governing body, Satkhira Ayenuddin Mohila Alim Madrasha, Satkhira for the month of April, 2015 fixing the salary and other allowances of this petitioner amounting to Taka 18,835/- instead of Taka 22,065/- should not be declared to have been passed/ without lawful authority and is of no legal effect and/or such other or further order or orders as to this Court may seem fit and proper.”

Facts, necessary for disposal of the Rule Nisi, in short, are that as per appointment notice published in the daily newspaper namely, Jonobarta dated 03.10.1995, the petitioner applied for appointment in the post of Lecturer of Islamic History of Satkhira Ayenuddin Mohila Alim Madrasha. Thereafter, the petitioner faced for the written and viva voce examination vide Annexure-D to the writ petition. When the petitioner applied for appointment, the examination of Master of arts could not be held in time and consequently, the result of the examination was not published in due time. The Principal of the madrasha vide letter dated 06.12.1995 appointed the petitioner in the post of Lecturer of Islamic History on condition to submit his Master degree certificate within next 03 years. As per appointment letter, the petitioner joined the said madrasha on the same day on 06.12.1995 vide Annexures- F and F-1 to the writ petition. The result of the M.A. examination was published in the first part of 1999 and the petitioner on obtaining the M.A. degree certificate submitted the same to the madrasha authority. Thereafter, the name of the petitioner was enlisted in the monthly pay order (MPO) against Index No.582441 with effect from 01.07.2002 which is evident from the monthly pay order of October, 2002 (Annexure-G). Since then he has been serving as a Lecturer of the said madrasha to the satisfaction of the concerned authority.

It is stated that on 17.12.2010 the petitioner along with three other Lecturers of the madrasha submitted their respective applications to the Principal of the madrasha for promotion to the post of Assistant Professor vide Annexures- H, I, I(1) and I(2) to the writ petition. Ultimately, a Selection Committee constituted by the madrasha authority having considered the Paripatra dated 28.11.2010 of the Ministry of Education recommended the petitioner for giving him promotion to the post of Assistant Professor (Annexure-J). The Governing Body of the madrasha vide resolution dated 14.02.2013 accepted the report of the Selection Committee (Annexure-K) and thereby promoted him to the post of Assistant Professor. Thereafter, relevant papers were sent to the respondent No.2 for consideration of the pro