Rule 7(2)
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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
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Mohammad Abul Monsur Khan=VS=Mir Bahar Shahdat Hossain |
9 LM (AD) 120 |