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