Appellate Division
Bangladesh and others v Ibrahim Alam Bhuiyan and others
Civil Appeal 23/2020 · Appeals disposed of; judgments modified · Decided 30 April 2025
Bench Officers of the High Court Division, employees of the Bangladesh Small and Cottage Industries Corporation, and medical, family planning and agriculture officers challenged by writ petitions a Finance Division circular dated 21.09.2016. They argued that its clause (ga) overrode clause 7(1) and (2) of the Services (Pay and Allowances) Order, 2015, made under section 5 of the Services (Reorganization and Conditions) Act, 1975, and deprived them of a higher grade after completing the required service. The High Court Division declared the whole circular without lawful authority and ultra vires the Constitution. On the government's appeals, the Additional Attorney General submitted that only clause (ga) concerned the writ petitioners and that striking down the whole circular had created an anomaly for other employees. On the parties' joint prayer, the Appellate Division modified the orders so that the Rules were made absolute in part, declaring only clause (ga) unlawful, and disposed of the appeals and connected leave petitions accordingly.
- Whether the High Court Division should have declared the whole of the Finance Division circular dated 21.09.2016 unlawful, or only clause (ga), which affected the writ petitioners' entitlement to a higher grade under clause 7 of the Services (Pay and Allowances) Order, 2015.
- On the joint prayer of the parties, the High Court Division's judgments were modified so that the Rules stood made absolute in part rather than in full.
- Only clause (ga) of Circular No. 07.00.0000.161.00.002.16(Part-1)-232 dated 21.09.2016 was declared to have been issued without lawful authority, of no legal effect and ultra vires the Constitution.
- Applicants standing on a similar footing to the writ petitioners in relation to the impugned circular were added as parties to the appeals.
- The connected civil petitions for leave to appeal were disposed of in the light of the judgment in the civil appeals, with no order as to costs.
Clause (ga) as contained in the impugned Paripatra being Circular No.07.00.0000.161.00. 002.16(Part-1)-232 dated 21.09.2016 issued by the respondent No.3 (Annexure-c) is hereby declared to have been issued without lawful authority and is, of no legal effect as being ultra vires the Constitution.
