The Constitution of Bangladesh, 1972
Articles 147(1) and (2), 118
Chief Election Commissioner and Election Commissioner (Remuneration Privileges) Ordinance [Ord. LVI of 1983]
Section 2
Supreme Court Judges (Leave, Pension and Privileges) Ordinance [Ord. XX of 1982]
Section 20(2)
Appointment to the post of an Election Commissioner, is a fresh appointment and not a re-employment to a government service. It has no nexus with the earlier career in the government service, if any, of the incumbent. There is a total break or hiatus from his earlier career. As such, he is entitled to the emoluments in the present assignment as guaranteed under the Constitution–– The remuneration, privileges and other existing terms and conditions of the Election Commissioners are guaranteed under Articles 147(1) and (2) and cannot be varied to their disadvantage even by an Act of Parliament. Besides, appointment to the post of an Election Commissioner, is a fresh appointment and not a re-employment to a government service. It has no nexus with the earlier career in the government service, if any, of the incumbent. There is a total break or hiatus from his earlier career. As such, he is entitled to the emoluments in the present assignment as guaranteed under the Constitution. ––The question of applicability of the Ordinance of 1982 does not arise since Chief Election Commissioners while appointed under Article 118 of the Constitution their remuneration and privileges as allowed under the Ordinance of 1983 are protected under sub-Article 147 and as such there is no scope, making the provision of Ordinance of 1982 is applicable to them.
Appellate Division is of the view that the High Court Division has rightly declared that the decisions contained in the memorandum No. সি,এজি/পদ্ধতি-২(রমু)/পনশন/২২৩/৩৪৩ dated 17.03.2002 issued under the signature of the Additional Deputy comptroller and Auditor General, the writ respondent No. 2, that the gross pension is to be deducted from the salary entitled to the Election Commissioners and that if they want to receive their full salary as Election Commissioners, they have to refund the amounts received earlier by way of commutation value of their pension, are illegal and the decision contained in the memorandum dated 21.11.2002 issued under the signature of the Assistant Secretary, Finance Department (Probidhi section-1), Ministry of Finance, that the writ petitioners would be entitled to their monthly salary, allowances and privileges after deduction of the amount of pension accrued to them, is also illegal. The judgment and order passed by the High Court Division is elaborate, speaking and well composed. This Division is not inclined to interfere with the same. .....Government of Bangladesh =VS= M.A. Syed, (Civil), 2023(2) [15 LM (AD) 11] ....View Full Judgment