The Air Force Act, 1953
Section 177
The Air Force Act Rules, 1957
Rule 18(2)
The pensionery benefits in respect of the respondent who has been dismissed from service cannot be claimed as a matter of right–– It is difficult to hold that the sentence of writ petitioner-respondent has been converted from dismissal of service into one of compulsory retirement. In such a situation, the pensionery benefits in respect of the respondent who has been dismissed from service cannot be claimed as a matter of right. The writ petitioner respondent has not acquired any vested right, in view of the orders quoted above, which may be enforced by issuing mandamus by the High Court Division. The High Court Division committed an error of law in holding that since the writ petitioner-respondent's sentence had been converted from dismissal into one of compulsory retirement, he is entitled to get retirement benefit inasmuch Appellate Division does not find any material on record to hold that the punishment awarded to writ petitioner had been reduced from dismissal into one of compulsory retirement. .....Government of Bangladesh =VS= Nurul Islam, (Civil), 2023(1) [14 LM (AD) 505] ....View Full Judgment