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
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