Whether the provisions of the উন্নয়ন প্রকল্প হইতে রাজস্ব বাজেটে স্থানান্তরিত পদের পদধারীদের নিয়মিতকরন ও জ্যেষ্ঠতা নির্ধারন বিধিমালা-২০০৫ are applicable only for the employees of the project under the Government, or it is also equally applicable for regularisation/absorption of the employees of the project under any statutory body.
Though the said বিধিমালা-২০০৫ have been framed apparently for the government servants, there is no bar to take the benefit of the said Rules in the backdrop of non-existence of the similar Rules in any of the statutory bodies of our country and, secondly, the employees of all the projects, be they under any department of government or under any statutory bodies, are directly funded by the government and from that point of view the project employees of a statutory body are in the service of the government. Moreover, there are innumerable Rules which, though framed for the purpose of regulating the affairs or conducts of the government servants, are also frequently used for the statutory bodies unless there is any provision in any Rule barring its application for the employees of the statutory bodies. Dr. Muhammed Sohel Rana and others. -Vs.- Bangladesh represented by the Secretary, Ministry of Science and Information Technology, Bangladesh Secretariat and others. (Spl. Original) 2019 ALR (HCD) Online 8 ....View Full Judgment

উন্নয়ন প্রকল্প হইতে রাজস্ব বাজেটে স্থানান্তরিত পদের পদধারীদের নিয়মিতকরণ ও জ্যেষ্ঠতা নির্ধারণ বিধিমালা, ২০০৫
Sub-Rule (3) of Rule 4:
Undeniably the post of the petitioner is beyond the jurisdiction of the Public Service Commission and that being so, for regularizing the service of the petitioner, the recommendation of the DPC or the Selection Committee, as the case may be, is a must. But admittedly no recommendation of the DPC or the Selection Committee, as the case may be, was obtained prior to regularization of the service of the petitioner in BARI. So we find that the petitioner was regularized in the service of BARI as Assistant Director (Finance and Accounts) on 24.05.2006 in flagrant violation of Sub-Rule (3) of Rule 4 of the Rules of 2005. ...Md. Mahbubur Rahman Vs. Bangladesh & Ors., (Civil), 1 SCOB [2015] HCD 18 ....View Full Judgment

Undeniably the post of the petitioner is beyond the jurisdiction of the Public Service Commission and that being so, for regularizing the service of the petitioner, the recommendation of the DPC or the Selection Committee, as the case may be, is a must. But admittedly no recommendation of the DPC or the Selection Committee, as the case may be, was obtained prior to regularization of the service of the petitioner in BARI. So we find that the petitioner was regularized in the service of BARI as Assistant Director (Finance and Accounts) on 24.05.2006 in flagrant violation of Sub-Rule (3) of Rule 4 of the Rules of 2005. ...Md. Mahbubur Rahman Vs. Bangladesh & Ors., 1 SCOB [2015] HCD 18 ....View Full Judgment

Whether the date of joining in the project or the date of regularisation/absorption in the revenue set up is the basis for fixation of the seniority.
The date of regularisation’ of an employee, who has been absorbed in the revenue set up from the project, should be the basis for fixation of the seniority. Dr. Mu-hammed Sohel Rana and others. -Vs.- Bangladesh represented by the Secretary, Minis-try of Science and Information Technology, Bangladesh Secretariat and others. (Spl. Original) 2019 ALR (HCD) Online 8 ....View Full Judgment

There is no scope to give retrospective effect to the appointments of the project-employees when they will be absorbed in the regular service. The reason for non-granting ‘retrospective effect’ is that endowing the project employees with retrospective effect would create anomalies in fixation of the seniority with the employees who were recruited directly against the regular posts. Dr. Muhammed Sohel Rana and others. -Vs.- Bangladesh represented by the Secretary, Ministry of Science and Information Technology, Bangladesh Secretariat and others. (Spl. Original) 2019 ALR (HCD) Online 8 ....View Full Judgment

‘Date of issuance of order’ of absorption of the project employees must be taken as the date of regularisation. Dr. Muhammed Sohel Rana and others. -Vs.- Bangladesh represented by the Secretary, Ministry of Science and Information Technology, Bangladesh Secretariat and others. (Spl. Original) 2019 ALR (HCD) Online 8 ....View Full Judgment