Higher scale and promotion— The writ petitioner suppressed this undertaking and filed the writ petition in July, 2002, claiming that he had been legally drawing higher scale. He had withdrawn higher scale by suppression of real fact by securing a letter from the then Principal-in-Charge of the college without approval of the Governing Body. The Regulations and the Rules provide that the Governing Body of the college is the controlling authority and in fact the Governing Body did not approve the promotion of the petitioner and his entitlement of higher scale. Since the writ petitioner had enjoyed higher scale and promotion by practicing fraud, he can not claim any right of higher post and salary.
Since the writ petitioner has acquired no right whatsoever to draw higher scale or post, he is not entitled to a hearing and thus the authority has not violated the principles of natural justice by reason of reduction of his pay scale and post. It is found that the writ petitioner is not a fit person to be promoted and getting higher scale. The conduct of the writ petitioner is such that he does not deserve any discretionary remedy from the Court as he has not come and approached the High Court Division with clean hands. .....Fulbaria College, Mymensingh =VS= Md. Helaluddin, (Civil), 2024(2) [17 LM (AD) 372] ....View Full Judgment

A teacher of a private educational institute cannot claim as of right to afford him MPO because of the fact that unless the college/school is affiliated with the National University/Board for conducting degree courses over which the government has no control, he will not be entitled to apply for MPO.
The Appellate Division held that the granting of MPO to a teacher of school/college is subject to the condition that the school/college must be affiliated/recognised by the University. Though there is nexus between the affiliation and payment of MPO, the sanctioning authorities being two independent bodies, none of the provisions covering the field will prevail over the other. Neither a college/school can claim as of right to be affiliated under the University/Board for providing degree courses nor a teacher of a college/school can claim MPO as of right unless the conditions are fulfilled. Both fields are regulated by different bodies by different Regulations/Circulars. There is no scope to infer overlapping of the one by the other. .....Gov. of Bangladesh & others -Vs.- Md. Akram Ali & others, (Civil), 2016-[1 LM (AD) 113] ....View Full Judgment