কমিউনিটি ক্লিনিক স্বাস্থ্য সহায়তা ট্রাস্ট আইন, ২০১৮
Section 24(ঙ)
The High Court Division relying on the case reported in 18 MLR (AD) page-372 disposed of all the writ petitions giving direction to regularize/absorb the writ petitioner-respondents under the revenue budget with continuity of service and other benefits in accordance with law provided.
However, eventually Appellate Division in the case of Secretary Ministry of Fisheries and Live stock and others Vs. Abdul Razzak reported in 71 DLR(AD), 395 has dealt with the similar issue of absorption, regularization and transfer of the employees in the revenue budget from project.
In the case of the Director General, represented by Bangladesh Rural Development Board (BRDB), Dhaka Vs. Asma Sharif, Shariatpur and others report in 72 DLR (AD) page-188 Appellate Division also held that:- “The theory of legitimate expectation cannot be success-fully advanced by temporary, contractual or casual employees. It cannot also be held that the Government has held out any promise while engaging these persons either to continue them where they are or to make them permanent. The Government cannot constitutionally make such a promise. It is also obvious that the theory cannot be invoked to seek a positive relief of being made permanent in the post.”
In view of the above two reported cases the earlier decision by this Division as reported in 18 MLR(AD), 372 has become in-operative and redundant.
Observations:
i. In view of the provision of section 24(ঙ) of the ‘কমিউনিটি ক্লিনিক স্বাস্থ্য সহায়তা ট্রাস্ট আইন, ২০১৮’ the officers and employees of “Revitalization of Community Health Care Initiatives in Bangladesh” (RCHCIB) and ‘Community Based Health Care’ projects who worked till 30 June, 2015 in these projects are now have become the officers and employees of the Trust, automatically;
ii. the terms of service, salary, promotion and other service benefits will be regulated by the Probidhanmala framed under the Trust Ain,2018;
iii. the leave petitioner-government is directed to consider the case of the writ petitioner-respondents in the light of the provisions provided in “কমিউনিটি ক্লিনিক স্বাস্থ্য সহায়তা ট্রাস্ট আইন, ২০১৮“.
All the judgments and orders of the High Court Division are modified and all the Civil Petitions are disposed of. .....Ministry of Health and Family Welfare, BD =VS= Md. Kamal Hossain, (Civil), 2022(1) [12 LM (AD) 334] ....View Full Judgment