Bangladesh Civil Service (Recruitment) Rules, 1981
Rule 5, 5(3A), 8(e)
Bangladesh Civil Service (Examination and Promotion) Rules, 1986
Rule 5(1) and 5(3A) and rule 8(2)
Constitution of Bangladesh, 1972
Article 26, 27, 29(1), 31 and 102
It is to be borne in mind that each Cadre is an independent Cadre by itself and that the appellants could not allege any discrimination to them simply because the member of other Cadres were given relaxation considering their respective position as they are not similarly situated with that of the appellants.
Thus the selections of 46 officers was properly made by the departmental promotion Committee on the basis of merit-cum-seniority and were recommended for promotion as they all have passed the departmental examinations which the appellant has failed to pass but were promoted to the present Grade under the concessionaire rule 8(1) of BCS (Examination for Promotion) Rules, 1986 and the appellants being the beneficiaries of the said rules as they derived the benefit for themselves to which they are not otherwise entitled to under rule 5 including rule 5(3A) of the Bangladesh Civil Service (Recruitment) Rules, 1981 and the appellants as well were not at all affected by rule 8(e) and as such the impugned rules are not violative of the fundamental rights guaranteed under Article 26, 27, 29(1) and 31 of the Constitution.
The appellants themselves being beneficieries of the B.C.S. (Examination for Promotion) Rules, 1980 they could not as well challenge virus of the rule 8(2) merely as a comonfledge to invoke the jurisdiction of the High Court Division under Article 102 of the Constitution. In the result, the appeal is dismissed without any order as to costs. .....Delowar Hossain Mollah =VS= Bangladesh, (Civil), 2025(2) [19 LM (AD) 287] ....View Full Judgment

The selections of 46 officers was properly made by the Departmental Promotion Committee on the basis of merit-cum-seniority and were recommended for promotion as they all have passed the departmental examinations which the appellant has failed to pass but were promoted to the present Grade under the concessionaire rule 8(1) of BCS (Examination for Promotion) Rules, 1986 and the appellants being the beneficiaries of the said rules as they derived the benefit for themselves to which they are not otherwise entitled to under rule 5 including rule 5(3A) of the Bangladesh Civil Service (Recruitment) Rules, 1981 and the appellants as well were not at all affected by rule 8(e) and, as such, the impugned rules are not violative of the fundamental rights guaranteed under Articles 26, 27, 29(1) and 31 of the Constitution.
Delowar Hossain Mollah and others vs Secretary, Ministry of Establishment and ors 9 BLC (AD) 67.