The Constitution of Bangladesh, 1972
Article 102
বেসরকারী কলেজ শিক্ষক কর্মচারীর বেতনের সরকারী অংশ ও জনবল কাঠামো, ১৯৯৫
Rule 13
The claim of the writ-petitioners is that it is enumerated in clause 5 of the circular dated 19.09.2002 that the teaching staffs of a degree college for every subject shall be at least three and in the college, there are three teachers for each subject including the writ-petitioners out of whom two are getting their salaries under MPO, but the writ-petitioners are not getting it for the illegal, arbitrary actions of the writ-respondents. The writ-petitioners further claimed that the appointments of them have been made in compliance with all the legal requirements and they have accrued a legal right to get their salaries from the Government in the form of MPO. They also claimed that their names were duly forwarded to writ-respondent Nos.1 and 2 for release of the MPO of them under rule 13 of the policy, 1995.
Having gone through the office order bearing Memo No.37.00.000.074.002.001.2014 (part-1) 353 dated 28.08.2018 issued by the Ministry of Education that the government took decision that the 3rd teachers appointed according to the existing rules before 2010 subject to the fulfillment of the conditions of the Jonobal Kathamo, would get the salary of the government portion of MPO. ––It is a disputed question of fact against which the writ-petition in the form of mandamus is not maintainable. The writ-petitioners did not also come with clean hands before the Court of law. ––This petition is disposed of. The judgment and order dated 05.07.2015 of the High Court Division is, hereby, set aside. However, the authority may consider the case of the writ-petitioner in the light of the order dated 28.08.2018. .....Government of Bangladesh =VS= Abdul Karim, (Civil), 2023(2) [15 LM (AD) 94] ....View Full Judgment