Act/Law wise: Judgment of Supreme Court of Bangladesh (AD)
Service Matter | |||
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Section/Order/ Article/Rule/ Regulation | Head Note | Parties Name | Reference/Citation |
Absorb the Revenue budget |
Absorb the Revenue budget with continuity of service and other benefits–– Leave is granted grounds that the writ petitioners were appointed in the project which is ongoing project and as such, no cause of action has been arisen to file this writ petition, the High Court Division without considering the said facts and legal aspect erred in law in giving direction to absorb/regularize/ transfer the writ petitioners in the service of revenue budget. …Roads & Highways Department (RHD), Dhaka =VS= Abdul Motaleb(Md.), [7 LM (AD) 186] ....View Full Judgment |
Roads & Highways Department (RHD), Dhaka =VS= Abdul Motaleb(Md.) | 7 LM (AD) 186 |
Absorption–– |
Absorption–– It has been stated in the petition that the project, in which, the writ petitioner-respondents have been serving is an ongoing project and their learned counsel failed to produce any maternal contrary to that submission and that they have been still receiving their salaries and other benefits from the said project, we are of the view that proper course would be to modify the order passed by this Division to the extent that the case of the writ petitioner-respondents regarding absorp-tion/regularization of their services in revenue set up may be considered by the writ respondent petitioners following the guidelines given in the case reported in 17 BLC (AD) 91 after completion of that ongoing project. With the observation made above, all these petitions are disposed of. …Bangladesh Rural Development Board =VS= Md Shahidul Islam, [7 LM (AD) 245] ....View Full Judgment |
Bangladesh Rural Development Board =VS= Md Shahidul Islam | 7 LM (AD) 245 |
Absorbtion–– |
Absorbtion–– In the light of the decision of ECNEC dated 30.12.2007 and the provisions of SRO No. 182-Ain/2005/Shomo/Bidhi-1/S-9/2000 dated 20.06.2005 after completion of the project their service would be transferred to the revenue budget–– The petitioners had been given assurances that their services might be transferred/absorbed in the revenue budget. Since in similar circumstances the government has implemented the directions of the Supreme Court and absorbed the writ-petitioners in Writ Petition No.5667 of 2008, it would be discriminatory not to treat the present respondents equally. We do not find any illegality or infirmity in the impugned judgement, which calls for any interference. The appeal is dismissed. ...Government of Bangladesh =VS= Md. Saiful Islam, [6 LM (AD) 104] ....View Full Judgment |
Government of Bangladesh =VS= Md. Saiful Islam | 6 LM (AD) 104 |
Absorption–– |
Absorption–– Recently these issues have been dealt with by this
Division in Civil Appeal No.460 of 2017(Secretary V. Abdur Razzak and
others) with the following observations:
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Bangladesh Rural Development Board =VS= Md. Rabeul Karim | 8 LM (AD) 339 |
Absorb the writ-petitioners |
Absorb the writ-petitioners in the regular setup and they will not get continuity in their service–– To absorb the writ-petitioners under the revenue budget with continuity of service, arrears and other benefits and obtained Rules Nisi. We are of the view that the direction of the High Court Division to absorb the writ-petitioners with continuity of their service was not proper. Therefore, we are inclined to direct the leave-petitioner to absorb/regularize the writ-petitioners in the regular setup of BRDB in the permanent posts as and when vacancy would arise subject to the condition that they are not otherwise disqualified. The service of the writ-petitioners will be governed as per the Service Rules of BRDB and they will not get continuity in their service when they will be absorbed in the revenue setup of BRDB. .....Bangladesh Rural Development Board =VS= Md. Saiful Islam, [5 LM (AD) 178] ....View Full Judgment |
Bangladesh Rural Development Board =VS= Md. Saiful Islam | 5 LM (AD) 178 |
Absorbed in the revenue budget–– |
Absorbed in the revenue budget–– On perusal of the PP, we do not find
any such statement or written assurance that after completion of the
project the service of the writ petitioners would be absorbed in the
revenue budget–– We also perused the materials on record wherefrom we
did not find any written or express assurance on behalf of the appointing
authority of the project to the writ petitioners that after completion of
the project the service of the writ petitioners would be absorbed in the
revenue budget.
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Election Commission, Bangladesh =VS= Md. Golam Mostafa | 6 LM (AD) 131 |
Appointment– Legitimate right–– |
Appointment– Legitimate right–– The High Court Division observed that the petitioners having been successful in their written and viva examinations were finally recommended for the post of Compressor Operator and Technician by the specially constituted committees comprising high officials of GTCL and as such the recommendation of the said committees could be termed as internal notes or internal communication of GTCL. The High Court Division observed “Though the recommendations or the fact of constitution of such committees were not officially communicated to the petitioners at any stage, it cannot be denied that, in a transparent appointment process by a government owned enterprise, such process of appointment cannot be kept secret terming the same as internal communication. Therefore, obliviously, the petitioners somehow got information about those recommendations of the committees.” The High Court Division went on to hold that the writ petitioners acquired a legitimate right in favour of their appointment in the GTCL and, therefore, declared the impugned notification cancelling the appointment process as without lawful authority. In view of the above, we are of the opinion that the High Court Division was not correct in finding that the writ petitioners had acquired a legitimate right to appointment in GTCL. Accordingly, the judgement and order of the High Court Division is hereby set aside. ...Gas Transmission Company Ltd., Dhaka =VS= Mohammad Abdul Aziz, [10 LM (AD) 292] ....View Full Judgment |
Gas Transmission Company Ltd., Dhaka =VS= Mohammad Abdul Aziz | 10 LM (AD) 292 |
Appointment as Assistant Revenue Officer–– |
Appointment as Assistant Revenue Officer–– It is open to the appointing
authority to decide how many appointment should be made. The mere fact that
a candidate’s name appears in the waiting list will not entitle him to be
appointed. Only because a panel has been prepared by the PSC, the same by
itself would not mean that the same should be given effect to irrespective
of the fact that there was no such rule operating in the field. The
empanelled candidates have not acquired any enforceable right since there
is no statutory provision conferring a right upon them to claim
appointment.
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Public Service Commission =VS= Ripon Chandra Shil | 6 LM (AD) 147 |
Appointment–– |
Appointment–– An employment notification was published for appointment in the post of Professor by the Bangabandhu Sheikh Mujib Medical University (the BSMMU). The employment notification, appointment of the writ petitioner, service of the petitioner as professor for about 7 years in the BSMMU and that after cancellation of his appointment, the repeated request of the BSMMU authority to take class in FCPS and MS (final) course in the BSMMU and from repeated inquiries and reports of the Inquiry Committees it appears to us that the turnabout of the BSMMU authority in flip-flopflipin stance has put the writ petitioner in a predicament which should be deprecated. Conclusion arrived at by the High Court Division does not calls for any interference. ...Bangabandhu Sheikh Mujib Medical University=VS=Dr. Zahidul Haq, [6 LM (AD) 215] ....View Full Judgment |
Bangabandhu Sheikh Mujib Medical University=VS=Dr. Zahidul Haq | 6 LM (AD) 215 |
Cancellation of appointment letter–– |
Cancellation of appointment letter–– The authority is always at liberty to take action against any individual who either suppressed any material information and/or took recourse to fraud or forgery in obtaining the appointment. We are fully in agreement with such observation and would not wish to condone any fraudulent or illegal activity on the part of the writ petitioners in obtaining their appointment. However, the authority is bound to identify any wrong doing on the part of any individual and to seek his explanation before cancelling his appointment letter. .....Government of Bangladesh =VS= Md. Babul Howlader, [4 LM (AD) 213] ....View Full Judgment |
Government of Bangladesh =VS= Md. Babul Howlader | 4 LM (AD) 213 |
Any opinion given by the Supreme Court |
Any opinion given by the Supreme Court regarding the terms and conditions of service of any judicial officer should be respected by the Executive–– The opinion of the Supreme Court regarding the terms and conditions of the service of the lower judicial officers would prevail–– Any opinion given by the Supreme Court regarding the terms and conditions of service of any judicial officer should be respected by the Executive and its opinion cannot be ignored. There cannot be any dual administration in the administration of justice and the same will not be healthy for the administration of justice. If the views taken by the High Court Division is accepted, there will be chaos and confusion in the administration of justice. If Appellate Division looks at the scheme of the constitution, there will be no doubt that the opinion of the Supreme Court regarding the terms and conditions of the service of the lower judicial officers would prevail. There is no doubt about it. .....Government of Bangladesh =VS= Sontosh Kumar Shaha, [4 LM (AD) 143] ....View Full Judgment |
Government of Bangladesh =VS= Sontosh Kumar Shaha | 4 LM (AD) 143 |
Any person in the service of Republic |
Any person in the service of Republic or any statutory authority cannot
seek judicial review in respect of terms and conditions of service or
action taken relating to him as a person to such service including
transfer, promotion, and pension rights, except :––
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Government of Bangladesh =VS= Sontosh Kumar Shaha | 4 LM (AD) 143 |
Applicability of Service Rules–– |
Applicability of Service Rules–– The petitioner got appointment in 1997, that is, long before the promulgation of the Service Rules of 2005. So he is entitled to get benefit of the Service Rules under which he got his appointment, that is, he is entitled to get the benefits as provided in Service Rules of 1988 and his service would be regulated under the said provision of law. .....Pachimanchol Gas Company Ltd =VS=Nuruzzaman & others, [1 LM (AD) 180] ....View Full Judgment |
Pachimanchol Gas Company Ltd =VS=Nuruzzaman & others | 1 LM (AD) 180 |
Creation of any new post–– |
Creation of any new post–– The writ respondent had/has no authority to
create any new post in his office. Creation of any new post in any
Government office is absolutely under the domain of the Government––
When it is impossible to conduct an execution, since the object to be
executed is unavailable, it must be considered as non executable judgment
due to unavailability of object to execute and court cannot pass any order
which cannot be executed.
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Government of Bangladesh =VS= Jannatul Ferdus | 10 LM (AD) 140 |
No work no pay–– |
No work no pay–– They crossed the maximum age for joining government service. The guidelines of the decision reported in 17 BLC (AD) 91. The respondents are further directed to consider the case of the petitioners for appointment in permanent posts of the Republic subject to their having requisite qualifications by disregarding their age. .....Bangladesh =VS= Hassan Ahmed Khan, [3 LM (AD) 89] ....View Full Judgment |
Bangladesh =VS= Hassan Ahmed Khan | 3 LM (AD) 89 |
Once those vacancies are filled |
Once those vacancies are filled in there cannot be any expectation that the
candidates who were successful in the examination would automatically be
appointed in any future recruitment drive–– We do not find anything to
suggest that any indication was given to the intending applicants that they
would be included in a “Panel” or “Waiting List” and would be
considered for recruitment in the future. The advertisement in response to
which the petitioners applied was for a finite number of vacancies. Once
those vacancies are filled in there cannot be any expectation that the
candidates who were successful in the examination would automatically be
appointed in any future recruitment drive. We do not find that any such
assurance was given by the authorities.
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Shamimul Ahsan(Md.)=VS=Ministry of Finance, Bangladesh | 9 LM (AD) 68 |
Pay the back wages to the workers |
Pay the back wages to the workers and salaries to the employees–– We wave the fine imposed by the High Court Division and direct the contemnors to pay a lump Sum amount of Tk.50,000/- each within seven days to the Secretary, Ministry of Labour. We direct the Secretary, Ministry of Labour to spend the said amount for the welfare of the workers of those tanneries. The tannery owners are also directed to pay the back wages to the workers and salaries to the employees, if any, remains outstanding till the date of closure of the tanneries within 1(one) month from the date receipt of this order. If they fail to pay their outstanding dues, the workers or employees have their right established in the High Court Division and the High Court Division in that case shall pass appropriate order. .....Chairman, Bangladesh Finished Leather, Leather goods and Footwear Exporters Association (BFLLFEA) =VS= Adv. Asaduzzaman Siddique, [5 LM (AD) 153] ....View Full Judgment |
Chairman, Bangladesh Finished Leather, Leather goods and Footwear Exporters Association (BFLLFEA) =VS= Adv. Asaduzzaman Siddique | 5 LM (AD) 153 |
Promotion–– |
Promotion–– It appears from the impugned memo that it was issued from the Police Headquarters in the form of directives, of them, directive No.5 contains an embargo upon the promotion prospect in respect of those who have landed with three major punishments. In paragraph 6, it has been mentioned that the officers who have received less than three major punishments shall not be eligible for consideration for promotion before expiry of 3 years from the date of punishment. These are policy matters relating to the terms and conditions of service of a police officer and this power has not been given to the Inspector-General of Police by the Police Act or the Bengal Police Regulation or any other law. .....Bangladesh & others =VS= Md. Abdus Satter & others, [1 LM (AD) 378] ....View Full Judgment |
Bangladesh & others =VS= Md. Abdus Satter & others | 1 LM (AD) 378 |
Promotion–– |
Promotion–– The High Court Division has also directed to lift the curtain for enabling the writ petitioners to be considered for promotion. This cannot be done or declared by the court for, it is the police administration which shall consider as to whether or not under the prevailing laws the writ petitioners are eligible to be considered for promotion to the next higher post. .....Bangladesh & others =VS= Md. Abdus Satter & others, [1 LM (AD) 378] ....View Full Judgment |
Bangladesh & others =VS= Md. Abdus Satter & others | 1 LM (AD) 378 |
Promotion to the higher posts–– |
Promotion to the higher posts–– The High Court Division did not take into consideration that ‘the writ-petitioners would also be considered for promotion to the higher posts of Assistant Managers in accordance with DESCO’s Service Rules when new vacancy would be created’ and considering the fact that 67% of the vacant posts have already been filled up by way of direct recruitment on 27.12.2011, we are of the view that the remaining 33% posts of Assistant Managers should be kept reserved to be filled up by promotions from the writ petitioners in accordance with law as well as pursuant to Board’s decision dated 1.12.2001. As such the decision arrived at by the High Court Division being not based on proper appreciation of facts and law, calls for interference by this Division. The judgment and order complained of herein is set aside and these two civil appeals are therefore allowed with observations as made herein above. ..... Dhaka Electric Supply Company Limited =VS= Md. Tamijuddin, [5 LM (AD) 130] ....View Full Judgment |
Dhaka Electric Supply Company Limited =VS= Md. Tamijuddin | 5 LM (AD) 130 |
Promotion is not a matter of right–– |
Promotion is not a matter of right–– It is clear that the petitioner took a chance of comparing himself with respondents No. 5 and 6 and as they have been given promotion with retrospective effect he should also be given the same, treating him at per with them and as such he should not have been deprived, as he has been, according to him, being of equal status. But the case is quite different. The petitioner being not in service and having not raised any such question any time during his tenure in the service, before his retirement, he cannot, under any circumstances, equate himself with respondents No. 5 and 6 and as such he cannot claim promotion and benefit after two and half years of his retirement on receipt of the full pension benefits without any objection on the basis of equating him with the said two respondents. His case can never be considered to be at per or of equal status with respondents No. 5 and 6. We are of the view that the Administrative Appellate Tribunal correctly appreciated the law and considered the facts of the case and came to a correct conclusion for which it is difficult to find any legal infirmity/flaw in the same and as such there is nothing to interfere with. This civil petition for leave to appeal is dismissed without any order as to cost. .....Mohammad Shafi Ullah =VS= Ministry of Disaster Management & Relief, [5 LM (AD) 148] ....View Full Judgment |
Mohammad Shafi Ullah =VS= Ministry of Disaster Management & Relief | 5 LM (AD) 148 |
Resignation letter did not by itself–– |
Resignation letter did not by itself reach finality–– The letter sent
by respondent No. 1 was a request for him to be released from service and
was not accompanied by any deposit of three months' pay as required by Rule
54. Since the authority concerned advised the writ petitioner to take
release by depositing the requisite pay and upon obtaining necessary
clearance, clearly the resignation letter did not by itself reach finality.
The High Court Division posed the question as to how the Samity could
accept the writ petitioner's letter requesting his release as a resignation
letter since the preconditions, such as depositing money and taking
clearance had not been fulfilled. Noting this fact the High Court Division
held that the application was not one for resignation and that it was not
lawful for the Samity to issue the impugned memo treating the application
as one for resignation.
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Narayangonj Palli Bidyut Samity =VS= Md Abu Sayed Bhuiyan | 6 LM (AD) 55 |
Retirement age of Freedom Fighter–– |
Retirement age of Freedom Fighter– The Legislature did not provide the
age limit of the Freedom Fighters to serve in the service of the Republic
upto 61 years. Here, in this case, it appears from the operative portion of
the impugned judgment that the High Court Division directed the writ
respondents to enhance the retiring age of the writ petitioners till
completion of their service till 61st year of their age.
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Ministry of Law, Justice and Parliamentary Affairs, Bangladesh =VS=Shah Jamal Mollah | 7 LM (AD) 197 |
Service Rules do not provide any provision |
Service Rules do not provide any provision of promotion–– The Appellate Division held that since the service Rules do not provide any provision of promotion as Assistant Foreman from the driver who has been working as work charged employee, rather the Rules provides that the post of Assistant Foreman should be filled up by way of promotion from Mechanics/Electrician having 5 years service experience in the feeder post, the High Court Division has committed error of law in making the Rule absolute. .....Ministry of Communication & others =VS= Md.Iqbal Hossain, [1 LM (AD) 347] ....View Full Judgment |
Ministry of Communication & others =VS= Md.Iqbal Hossain | 1 LM (AD) 347 |
Temporary employee should not be replaced |
Temporary employee should not be replaced by another ad-hoc or temporary employee–– An adhoc or temporary employee should not be replaced by another ad-hoc or temporary employee; he must be replaced only by a regularly selected employee. This is necessary to avoid arbitrary action on the part of the appointing authority. .....Dr. Khairun Nahar & others =VS= Prof. M. Iqbal Arslan & others, [1 LM (AD) 62] ....View Full Judgment |
Dr. Khairun Nahar & others =VS= Prof. M. Iqbal Arslan & others | 1 LM (AD) 62 |
Terms and conditions of the service |
Terms and conditions of the service under Article 102(1) of the
Constitution is not maintainable–– This Division has already settled
that except challenging the vires of law or alleging violation of
fundamental rights, judicial review of a decision of the authority relating
to the terms and conditions of the service under Article 102(1) of the
Constitution is not maintainable.
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Bangladesh Krishi Bank =VS= Arun Chandra Banik | 5 LM (AD) 344 |
Voluntary retirement–– |
Voluntary retirement–– Voluntary retirement scheme is a method used to reduce surplus staffs. Participation in the voluntary retirement plan is voluntary. It has to result in an overall reduction in the existing strength of employees. Accordingly, we are not inclined to accept the observation of the High Court Division that the respondents had been terminated in the grab of voluntary retirement. Moreover, the respondents have filed writ petitioners after about 8 years of the acceptance of their prayers and after receiving retirement benefits. .....BADC & others =VS= Md. Abdur Rashid & others, [1 LM (AD) 388] ....View Full Judgment |
BADC & others =VS= Md. Abdur Rashid & others | 1 LM (AD) 388 |
Voluntary retirement accepted by the BADC |
Voluntary retirement accepted by the BADC Authority their retirement became effective–– After 10 years of their voluntary retirement and after receiving full financial benefits as offered the prayers for reinstatement cannot be termed as reasonable and fair. After having applied for VRS and taken the money it is not open to them to contend that they exercised the option under any kind of coercion and undue influence. Who had accepted the ex gratia payment or any other benefit under the scheme, could not have resiled therefrom. It became past and closed transaction. The writ petitioners having accepted the benefit could not be permitted to approbate and reprobate nor they be permitted to resile from their earlier stand. Our considered opinion is that the writ petitionerrespondents were not entitled to get any relief as prayed for. The High Court Division committed error of law in directing to reinstate the writ petitioner-respondents to their former posts and to pay their back salaries. The judgment and order of the High Court Division are set aside. The Civil Petitions are disposed of in the light of the decision of the appeals. The review petitions are dismissed accordingly. ...BADC, Dhaka =VS= Shohidul Islam(Md.), [6 LM (AD) 234] ....View Full Judgment |
BADC, Dhaka =VS= Shohidul Islam(Md.) | 6 LM (AD) 234 |
Without issuing any show cause notice |
Without issuing any show cause notice the petitioners could not lawfully cancel the letter of appointment of the respondents–– It is patent from the records that all the respondents went through the rigorous process of selection and were appointed in their respective post. They were served with notices cancelling their appointment without issuing any show cause notice. The respondents joined their posts and served accordingly for more than nine months at the time of filing their writ petition. We are of the view that without issuing any show cause notice the petitioners could not lawfully cancel the letter of appointment of the respondents. .....Non-Government Teacher’s Regis-tration and Certification Authority (NTRCA) =VS= Lutfor Rahman, [4 LM (AD) 288] ....View Full Judgment |
Non-Government Teacher’s Regis-tration and Certification Authority (NTRCA) =VS= Lutfor Rahman | 4 LM (AD) 288 |
Service matter–– |
Service matter–– Considering the above facts and circumstances we find that the Administrative Tribunal did not commit any wrong in setting aside the punishment of removal from service imposed on the respondent No.1. The Administrative Appellate Tribunal also, therefore, did not commit any wrong in affirming the judgment and order of the Administrative Tribunal. .....Agrani Bank =VS= Md. Zakir Hossain & others, [1 LM (AD) 109] ....View Full Judgment |
Agrani Bank =VS= Md. Zakir Hossain & others | 1 LM (AD) 109 |
Service matter–– |
Service Matter–– It is not permissible to take disciplinary action against a person solely on the basis of adverse remarks made by a Tribunal in a criminal case unless the allegations imputed in the adverse remarks are proved in disciplinary proceeding. .....Bangladesh =VS= S.M. Raiz Uddin Ahmed, [1 LM (AD) 260] ....View Full Judgment |
Bangladesh =VS= S.M. Raiz Uddin Ahmed | 1 LM (AD) 260 |
Appointing– Service with retrospective effect– |
Appointing– Service with retrospective effect–
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Public Service Commission =VS= Dr. Sumana Sarker | 11 LM (AD) 121 |
Service benefit calculation– |
Service benefit calculation–
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Shahjahan Biswas (Md) =VS= Government of Bangladesh | 11 LM (AD) 624 |
Service matter–– |
Service matter––
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Rural Electrification Board, Dhaka =VS= S.M. Sanoar Hossain | 14 LM (AD) 226 |
Circular got the force of law— |
Circular got the force of law—
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Khademul Islam(Md.) =VS= Mohammad Ali | 14 LM (AD) 7 |
Service matter– |
The writ petitioners-respondents have no legal and vested right to be appointed as of right in the posts as has been sought by them on the plea that they had earlier participated in the written examination and viva voice for the similar posts. It is pertinent to mention here that in 2003 advertisement was made for appointment of 07(seven) Uninani Medical Officer, 06(six) Ayurvedic Medical Officer and 07(seven) Homeopathic Medial Officer i.e., in total for 20 posts. But now 35+06=41 persons by filing two separate writ petitions are seeking jobs in the newly created posts on the plea that they had participated in the selection process pursuant to the above advertisement though they were not finally selected and the High Court Division allowed the prayer of them. This kind of relief is beyond the scope of law and also ridiculous. It has to be borne in mind that the function or duty of a Court is not to do charity; rather it has to act in accordance with law to ensure justice. Appellate Division finds merit in the leave petitions and thus, the impugned judgments and orders passed by the High Court Division are set aside. .....Directorate General of Health and Service, Mohakhali =VS= Dr. Md. Tajul Islam, (Civil), 2022(1) [12 LM (AD) 276] ....View Full Judgment |
Directorate General of Health and Service, Mohakhali =VS= Dr. Md. Tajul Islam | 12 LM (AD) 276 |