Appellate Division
Government of Bangladesh and others v Md. Mozibul Haque and others
Civil Appeal 11/2024 · Appeal allowed; writ judgment set aside · Decided 20 May 2025
The respondents, Surveyors serving under the Ministry of Land, filed Writ Petition No. 5251 of 2013 in the High Court Division alleging discrimination in pay and status. They said that Union Land Assistant Officers and Union Land Sub-Assistant Officers, with lower entry qualifications, had been given higher grades, and that Sub-Assistant Engineers with equivalent diploma qualifications enjoyed grade X and Class II status, contrary to articles 27, 29 and 31 of the Constitution and the Services (Re-organization and Conditions) Act, 1975. The High Court Division made the Rule absolute and directed that their pay scale be upgraded to grade X under the National Pay Scale, 2009 with arrears. The Government obtained leave to appeal on the question of maintainability. The Appellate Division held that the grievance related to the terms and conditions of service, which fall within the Administrative Tribunal's jurisdiction under article 117, and that the High Court Division had made no finding on maintainability. The appeal was allowed and the High Court Division's judgment was set aside.
- Whether a writ petition by public servants seeking upgrading of their pay scale and class status was maintainable before the High Court Division, given the Administrative Tribunal's jurisdiction under article 117 of the Constitution.
- Grievances of persons in the service of the Republic about grade and pay scale concern the terms and conditions of service, for which the remedy lies before the Administrative Tribunal under article 117 of the Constitution.
- By article 117(2), no court may entertain proceedings or make any order in respect of a matter falling within the jurisdiction of an Administrative Tribunal.
- Under articles 102(5) and 117(2), the High Court Division cannot exercise jurisdiction over terms and conditions of public service except where the validity of a law is challenged or a violation of fundamental rights is involved (Bangladesh v Sontosh Kumar Shaha, 6 SCOB [2016] AD).
- To invoke fundamental rights in a service matter the violation must be clearly and specifically pleaded; evasive or stray statements that an order is discriminatory or mala fide do not suffice.
- The High Court Division erred in making the Rule absolute without any finding on maintainability despite the alternative efficacious remedy under article 117.
under Article 102(5) and Article 117(2), the High Court Division cannot exercise jurisdiction over matters relating to terms and conditions of public service except in cases involving a challenge to the validity of law or violation of fundamental rights.
