Dhaka Electric Supply Authority Act, 1990
Section 21
Public Servants Absorption Ordinance [XXIV of 1985]
Section 5(2) —A surplus public servant shall not be absorbed in any post unless he is nominated by the Ministry of Establishment.
The Appellate Division held that the petitioners have any automatic right to be absorbed by DPDCL. As surplus employees, they are subject to the qualifications as laid down in section 5 of the Ordinance of 1985. One of the requirements of the section is that a surplus public servant shall not be absorbed in any post unless he is nominated by the Ministry of Establishment, viz. section 5 (2) of the Ordinance, 1985. Thus, the petitioners cannot be absorbed in DPDCL unless they are nominated by the Ministry of Established. On the other hand, there is no reason why they may not be absorbed in DPDCL if and when a relevant post becomes vacant and is recommended to be filled by the Ministry of Establishment.
Md. Samsuzzoha and others -Vs.- Government of Bangladesh and others (Civil) 8 ALR (AD) 317-320