Schedule-‘Ga’ (Serial 3)
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কর্মকর্তা ও কর্মচারী (মহিলা
বিষয়ক পরিদপ্তর) নিয়োগ
বিধিমালা, ১৯৯০
Schedule-‘Ga’ (Serial 3)
Writ petitioners are the Government servant, if they are aggrieved by any
action, their remedy lies in the Administrative Tribunal–– Limitation
will not stand as a bar for dealing before the Administrative
Tribunal–– Admittedly, the High Court Division did not declare the law
ultra vires, rather it held that the law is intra vires; however, the High
Court Division gave benefit/relief to the writ petitioners holding the writ
petition is maintainable. Admittedly, the writ petitioners are the
Government servant, if they are aggrieved by any action, their remedy lies
in the Administrative Tribunal. The findings of the High Court Division
that the writ petition is amenable, when it itself found that the Service
Rules is intra vires, is suffers from legal infirmity and illegality.
––It is well settled that the Government servants cannot be entitled to
invoke writ jurisdiction when their remedy is available in the
Administrative Tribunal. Mere challenging Service Rules ipso facto does not
make it amenable to the writ jurisdiction. ––However, the writ
petitioners may approach before the Administrative Tribunal for their
grievance, if any, and if they will approach to the Administrative
Tribunal, law of limitation will not stand as a bar for dealing before the
Administrative Tribunal. .....Jasmin Ara Begum =VS= Ministry of Women &
Children, BD, (Civil), 2024(1) [16 LM (AD) 546]
....View Full Judgment
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Jasmin Ara Begum =VS= Ministry of Women & Children, BD |
16 LM (AD) 546 |