Legitimate expectation––
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B.C.S (Fishery) Recruitment Rules, 1981
Legitimate expectation–– Inter ministerial/ divisional communications
made in the process of reaching a decision, uncommunicated to the affected
persons, do not create a legal right in their favour–– The
recommendation of the Public Service Commission (PSC) for amending the
Service Rules i.e. the schedule of the B.C.S. (Fishery) Recruitment
Rules,1981 providing to appoint 1/3rd to the entry level from the feeder
post of 2nd class Gazetted Officer by way of promotion, which approved by
the Ministry of Public Administration also, was never finalized by the
Ministry concerned i.e. Ministry of Fisheries publishing any gazette
notification and further, the said recommendation was never communicated to
any of the writ petitioners. ––Appellate Division have no hesitation to
hold that the High Court Division committed grave error in making the Rule
absolute directing the writ-respondents-appellants to give promotion to the
writ-petitioners-respondents amending the relevant Rules with retrospective
effect within a period of 60 (sixty) days from the date of receipt of the
judgment and also pay them the arrear salary and other benefits. ––The
findings of the High Court Division that the writ petitioners have got a
right by way of legitimate expectation to be promoted on the basis of
proposed amendment of the service Rules, which never attained in its
finality has got no legal basis. ––Appellate Division is of the view
that the High Court Division committed grave error in passing the impugned
judgment and order making the Rule absolute. .....Government of Bangladesh
=VS= Kazi Mofizul Haque, (Civil), 2023(1) [14 LM (AD) 361]
....View Full Judgment
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Government of Bangladesh =VS= Kazi Mofizul Haque |
14 LM (AD) 361 |