Judicial Dictionary



Title Retirement/ Retirement age
Details

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