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Retirement age of Freedom Fighter–
The Legislature did not provide the age limit of the Freedom Fighters to
serve in the service of the Republic upto 61 years. Here, in this case, it
appears from the operative portion of the impugned judgment that the High
Court Division directed the writ respondents to enhance the retiring age of
the writ petitioners till completion of their service till 61st year of
their age.
In exercising the jurisdiction under article 102 of the Constitution the
High Court Division cannot direct the Legislature to enact or amend
particular law. The Legislature is supreme in its own sphere under the
Constitution and it is solely for the Legislature to consider as to when
and in respect of what subject matter, the laws are to be enacted. The High
Court Division exceeded its jurisdiction assuming the power of Legislature,
thereby, extending the retiring age limit of the Freedom Fighters, who have
been serving in the service of the Republic. …Ministry of Law, Justice
and Parliamentary Affairs, Bangladesh =VS=Shah Jamal Mollah, (Civil), 2019
(2) [7 LM (AD) 197] ....View Full Judgment
Compulsory retirement–
It appears that only for few days’ unauthorized absent in the office the
writ petitioner has been removed from the service which is, at any rate, to
severe. We are of the view that ends of justice would be met if the
petitioner is sent on compulsory retirement instead removal from the
service. ...Alamgir Hossain(Md.) =VS= Durnity Daman Commission, (Civil),
2021(1) [10 LM (AD) 288] ....View Full Judgment
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