Section 21
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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
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Md. Samsuzzoha and others -Vs.- Government of Bangladesh and others |
8 ALR (AD) 317 |