Judicial Dictionary



Title Discrimination
Details

All Bench Readers would be treated as first class gazetted officers and also would be entitled to get the same pay scale as that of Bench Officers of the High Court Division from the date of joining as Bench Readers. The judgment of the High Court Division was upheld by the Appellate Division by a judgment and order dated 6-10-2010 passed in Civil Petition for Leave to Appeal No.1248 of 2010.
The writ petitioners invoked their fundamental rights as they were discriminated by the same authority and they are working in the same court. Moreso, the works of Bench Readers of the Appellate Division and Assistant Bench officers of she High Court Division are completely different. The Bench Readers are appointed from among the Bench Officers/Assistant Bench Officers of the High Court Division and if the Bench Officers get status higher than them, certainly they will be discriminated. The High Court Division has rightly exercised its jurisdiction and we find no infirmity to interfere with the judgment. ...Ministry of Law, Justice & Parl. Afrs., Dhaka =VS= Md Mosharraf Hossain, (Civil), 2019 (1) [6 LM (AD) 41] ....View Full Judgment


So whenever any person being on the same footing is not treated equally in accordance with law, such action of the authority can clearly be termed to be discriminatory and/or arbitrary which is not sustainable in law. .....Sher-E-Bangla Agricultural University =VS= Asia Rahman Shova, (Civil), 2018 (1) [4 LM (AD) 333] ....View Full Judgment


We do not find any illegality or infirmity in the decision arrived at by the Administrative Appellate Tribunal. Evidently there was discrimination practiced by the petitioners in taking departmental action against the respondent alone when the Acid Aparadh Daman Tribunal highlighted neglect of duties of all three Investigating Officers, who were all on the same footing. the impugned order does not call for any interference by this Division. .....Govt. of Bangladesh & others =VS= Ranjit Krishna Mazumder (Civil), 2016-[1 LM (AD) 370] ....View Full Judgment


Discrimination pay scale–
The writ-petitioners have been discriminated in the matter of fixation of their pay scale. It is an admitted fact that the writ-petitioners and some other similarly situated employees of Bangladesh Railway, were getting same pay and they were allowed the same pay scale in the National pay scale of 1973 also. But in the national pay scale of 1977 the writ-petitioners were given lower pay scale while those other similarly situated employees were given higher pay scale. It is also not disputed that the writ-petitioners persuaded the authorities concerned to rectify this discrimination/inequalities and the authority concerned also made some attempts to rectify this discrimination in the pay scale of the writ-petitioners, but all those attempts were unsuccessful. In the circumstances the High Court Division rightly made the rule absolute.
We also find that the writ-petitioners are entitled to get higher pay scales which are being enjoyed by the other employees who were similarly situated with the writ-petitioners and were enjoying similar pay scale till the national pay scale of 1977 came into force. This appeal be dismissed on contest without any order as to cost. …Bangladesh Railway =VS= Station Master-O-Karmochari Union, (Civil), 2019 (2) [7 LM (AD) 48] ....View Full Judgment