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