আনসার ও ভিডিপি অধিদপ্তরের আনসার ক্যাডার বহির্ভূত নন-ক্যাডার কর্মকর্তা নিয়োগ বিধিমালা, ২০১০
Rule 7(2)
Recruitment Rules, 1984
He is entitled to get benefit of the Service Rules under which he got his appointment– The High Court Division correctly observed that the Government may from time to time change the terms and conditions of service of the employees or introduce new service rules provided it would not affect the right of the existing employees. The High Court Division also correctly observed that the Rules, 2010 was not given any retrospective affect. Therefore, the said Rules was prospective in nature and, as such, it would be applicable for the newcomers but not the existing employees and officers. The High Court Division also correctly observed that it is well settled principle of law that the right accrued under the provision of the previous recruitment rules cannot be changed or altered to the disadvantage of the existing employees by subsequent amendment.
As the writ petitioners were appointed before promulgation of the Rules, 2010, they would get the benefit of the Rules, 1984 and their terms and conditions of service would be regulated under the said Rules. The decision reported in 3 SCOB [2015] AD 27, “There is no dispute that the petitioner got appointment in 1997, that is, long before the promulgation of the Service Rules of 2005. So he is entitled to get benefit of the Service Rules under which he got his appointment, that is, he is entitled to get the benefits as provided in Service Rules of 1988 and his service would be regulated under the said provision of law.” The appeal is dismissed without any order as to costs. ...Mohammad Abul Monsur Khan=VS=Mir Bahar Shahdat Hossain, (Civil), 2020 [9 LM (AD) 120] ....View Full Judgment