BARI Service Regulations 1990
Regulation 16(1)
Sher-e-Bangla Agricultural University Act, 2001
Section 59 (2) (Ja)
Deputation order— The petitioner as in continuous service in the same status and to allow him to draw his salary and emoluments— The evidence and materials on record clearly show that the writ petitioner-respondent No. 1 herein had all along challenged his order of deputation, patently keeping his lien of his parent post and repeatedly requesting for cancellation of the order of deputation. In such circumstances it cannot be said that the respondent No. 1 was absorbed by the Bangladesh Agricultural Institute or the University and, therefore, not in the service of BARI. It is our view that respondent No.1 was employed by BARI and his status continued as such. He was sent to Bangladesh Agricultural Institute on deputation and served there while holding lien over his original post. The institute later became the Sher-e-Bangla Agricultural University. His exercise of the option to return to his original post in accordance with the Act by which the University came into being is clear evidence of the fact that he was never absorbed as an employee of the Sher-e-Bangla Agricultural University. Accordingly, Appellate Division holds that the writ-petitioner retained his lien over the post of Senior Assistant Director (Administration) of the BARI. Hence, this Division need not discuss the other grounds of appeal raised by the appellants which relate to his service. The High Court Division has elaborately discussed the evidence and materials on record and upon proper assessment of the facts and circumstances made the Rule absolute in part declaring the impugned notices to have been passed without lawful authority and directing the respondents to treat the petitioner as in continuous service in the same status and to allow him to draw his salary and emoluments. .....Bangladesh Agricultural Research Institute =VS= Kazi Md. Sadequl Islam, (Civil), 2024(2) [17 LM (AD) 313] ....View Full Judgment

Title Suit filed by the writ petitioner related to departmental proceedings and subsequent writ petition filed by the writ petitioner challenging the cancellation of the acceptance of his joining report, the Appellate Division held that two have (Title suit and writ petition) no connection. Director General, Bangladesh Agricultural Research Institute and others -Vs.-Kazi Md. Sadequl Islam and others. 4 ALR (AD) 2014 (2) 170