Service (Pay and Allowances) Order, 2015
Clause 7(1)
Services (Re-organization and Conditions) Act, 1975
Section 5
Higher grade— The provision of time scale, however, was formally incorporated in the modified National Pay Scales from 01.06.1985. According to the provision as mandated in the National Pay Scales, 1985, 1991, 1997, 2005 and 2009 respectively the employees between 20th to 10th grade were entitled to the time scales on completion of 8, 12 and 15 years of the respective service period. This pecuniary benefit of up-gradation of pay scale was a huge incentive so was given in order to bring efficiency in public service and to reduce dissatisfaction among the employees concerned for not having promotion for lack of posts and at the same time working in the same post for a long time.
Later, pursuant to the decision of the writ-respondent-government to omit the existing provision of time scale the Service (Pay and Allowances) Order, 2015 (in short, the Service Order, 2015) was framed by the government by the order of the President of the Republic, in exercise of power as provided under Section 5 of the Act, 1975 prescribing new pay scales and other financial benefits to the officers and employees of the Republic, public bodies, corporations and nationalized enterprises respectively. In the said Service Order, 2015 though some provisions of up-gradation of scales of pay had been provided in clause 7 but the provision of time scale was not kept intact.
Similarly, the writ-petitioners of Writ Petition No. 10912 of 2017 also attained the eligibility to move to the next higher grade as per the provision of ÒD”PZi †MÖ‡Wi cÖvc¨ZvÓ under Clause 7(1) of the Service Order, 2015. Even, the respondent No.4, Bangladesh Small and Cottage Industries Corporation (BSCIC) in compliance with the provision of the said order, issued an office order bearing Memo No. 36.02.012.00.02.002.2014/1872(250) dated 07.09.2016 allowing them the benefits of the respective provision of the Service Order, 2015. However, said office order was rendered ineffective in view of issuance of the impugned Circular bearing No.07.00.0000.161.00.002.16 (Part-1)-232 dated 21.09.2016 by the writ-respondent No.3.
The operating part of the impugned judgments and orders dated 04.01.2017 and 04.12.2017 respectively passed by the High Court Division in Writ Petition Nos.13300 of 2016 and 10912 of 2017 so modified thus stand as under:
“In the result, the Rule is made absolute in part without any 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.” .....Ministry of Finance, Bangladesh =VS= Ibrahim Alam Bhuiyan, (Civil), 2025(1) [18 LM (AD) 569] ....View Full Judgment