Rule 3(e) of the BCS Seniority Rules, 1983 is not applicable for determining the seniority of the appellants as well as of the respondents as they were directly recruited on the basis of two different advertisements, whereas Rule 3(e) is applicable only in case of determining seniority involving lateral entrance.
A H M Mustain Billah and 4 others Vs Govt. of Bangladesh & 60 ors, 21 BLD (AD) 1.

There was no need to give retrospective effect to the amended provision of sub rule 3(g) because the seniority position of the respondents was always above the appellants batch. Government always reserves the right to fix seniority according to existing rules and principles.
A H M Mustain Billah and 4 others Vs Govt. of Bangladesh and 60 others, 21 BLD (AD) 1.

The Tribunals below having given relief to respondent without hearing the directly recruited officers, the Tribunals acted contrary to law in not dismissing the case on the ground of maintainability alone.
Mahbubur Rahman and others vs Taslimuddin Ahmad and others 54 DLR (AD) 97.

Applicability of the Rule to the recruits appointed on Special viva voce test-
Government has the power to give prospective or retrospective effect to a rule and fix uotional date of joining and has also power to reorganise services under provisions of section 4 of the Services (Reorganisations and Conditions) Act. 1975 Seniority of members of the B.C.S.(Admin.) Cadre appointed as a special batch on viva voce test deserves their position below the regularly appointed batch of the same year and in terms of the offer of appointment. Rule 3(g) of the B.C.S. Seniority Rules, 1983 being consistent with the General Principles of Seniority, 1970 is neither illegal nor violative of fundamental rights.
A.H.M. Mustain Billlah and others Vs. Government of Bangladesh and others 5 MLR 2000 (AD) 350.

In 1982 there were two advertisements, one on 10.06.1982 for regular batch and another on 22.12.1982 for Magistrates to BCS (Admn: Admn) Cadre, Respondent Nos. 2-61 were actually recruited through earlier advertise­ment. Public Service Commission, on the basis numerical numbers to all BCS Exams so far held, and according to this, respondent Nos. 2-61 belongs to 1st BCS Exanimation whilst the appellants batch belong to 2nd BCS Examination. This being the case appellants are as a batch junior to the respondents-- as a matter of fact. Rule 3(e) of the BCS Seniority Rules, 1983 is not applicable for determining the seniority of the appellants as well as of respondent as they were directly recruited on the basis of two different advertisements, whereas Rule 3(e) is applicable only in case of determining seniority involving lateral entrance.
A.H.M. Mustain Billah & Ors. Vs. Bangladesh & Ors. 9BLT (AD)-2.

Bangladesh Civil Service (Foreign Affairs) Seniority Rules, 1983— Question of seniority—
The question of due promotion and seniority are important matters which should be secured. The Appellate Division can do complete justice under Article 104 of the Constituion only when any matter or cause is pending in appeal before it.
Raziid Hasan Vs. Badiuzzaman Khan and others- 1, MLR (1996) (AD) 108.