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Title	Absorption/ Absorb
Details	Absorption– In the light of the decision of ECNEC dated 30.12.2007 and the provisions of SRO No. 182-Ain/2005/Shomo/Bidhi-1/S-9/2000 dated 20.06.2005 after completion of the project their service would be transferred to the revenue budget– The petitioners had been given assurances that their services might be transferred/absorbed in the revenue budget. Since in similar circumstances the government has implemented the directions of the Supreme Court and absorbed the writ-petitioners in Writ Petition No.5667 of 2008, it would be discriminatory not to treat the present respondents equally. We do not find any illegality or infirmity in the impugned judgement, which calls for any interference. The appeal is dismissed. ...Government of Bangladesh =VS= Md. Saiful Islam, (Civil), 2019 (1) [6 LM (AD) 104] ....View Full Judgment Absorb the Revenue budget with continuity of service and other benefits– Leave is granted grounds that the writ petitioners were appointed in the project which is ongoing project and as such, no cause of action has been arisen to file this writ petition, the High Court Division without considering the said facts and legal aspect erred in law in giving direction to absorb/regularize/ transfer the writ petitioners in the service of revenue budget. …Roads & Highways Department (RHD), Dhaka =VS= Abdul Motaleb(Md.), (Civil), 2019 (2) [7 LM (AD) 186] ....View Full Judgment Absorption– It has been stated in the petition that the project, in which, the writ petitioner-respondents have been serving is an ongoing project and their learned counsel failed to produce any maternal contrary to that submission and that they have been still receiving their salaries and other benefits from the said project, we are of the view that proper course would be to modify the order passed by this Division to the extent that the case of the writ petitioner-respondents regarding absorption/regularization of their services in revenue set up may be considered by the writ respondent petitioners following the guidelines given in the case reported in 17 BLC (AD) 91 after completion of that ongoing project. With the observation made above, all these petitions are disposed of. …Bangladesh Rural Development Board =VS= Md Shahidul Islam, (Civil), 2019 (2) [7 LM (AD) 245] ....View Full Judgment Absorption or regularize service matter– Accordingly, it is observed that: 1. The legitimate expectation would not override the statutory provision. The doctrine of legitimate expectation can not be invoked for creation of posts to facilitate absorption in the offices of the regular cadres/non cadres. Creation of permanent posts is a matter for the employer and the same is based on policy decision. 2. While transferring any development project and its manpower to revenue budget the provisions provided in the notifications, government orders and circulars quoted earlier must be followed. However, it is to be remembered that executive power can be exercised only to fill in the gaps and the same cannot and should not supplant the law, but only supplement the law. 3. Before regularization of service of the officers and employees of the development project in the revenue budget the provisions of applicable “Bidhimala” must be complied with. Without exhausting the applicable provisions of the “Bidhimala” as quoted above no one is entitled to be regularised in the service of revenue budget since those are statutory provisions. 4. The appointing authority, while regularising the officers and employees in the posts of revenue budget, must comply with the requirements of statutory rules in order to remove future complication. The officers and employees of the development project shall get age relaxation for participation in selection process in any post of revenue budget as per applicable Rules. 5. A mandamus can not be issued in favour of the employees directing the government and its instrumentalities to make anyone regularized in the permanent posts as of right. Any appointment in the posts described in the schedule of Bangladesh Civil Service Recruitment Rules, 1981, Gazetted Officers (Department of Live Stock Service) Recruitment Rules, 1984 and Non-gazetted Employees (Department of Live Stock Service) Recruitment Rules, 1985 bypassing Public Service Commission should be treated as back door appointment and such appointment should be stopped. 6. To become a member of the service in a substantive capacity, appointment by the President of the Republic shall be preceded by selection by a direct recruitment by the PSC. The Government has to make appointment according to recruitment Rules by open competitive examination through the PSC. 7. Opportunity shall be given to eligible persons by inviting applications through public notification and appointment should be made by regular recruitment through the prescribed agency following legally approved method consistent with the requirements of law. 8. It is not the role of the Courts to encourage or approve appointments made outside the constitutional scheme and statutory provisions. It is not proper for the Courts to direct absorption in permanent employment of those who have been recruited without following due process of selection as envisaged by the constitutional scheme. In view of the discussion made above and since it is not apparent from the judgment of the High Court Division and other materials available in the record that the procedure provided in the Government notification, indicated in the “Bidhimalas” 1995 or 2005 have been followed duly, the direction of the High Court Division to absorb/regularise their service giving continuity of the same can not be approved. So, the same is set aside. ...Ministry of Fisheries and Livestock =VS= Abdur Razzak, (Civil), 2019 (2) [7 LM (AD) 330] ....View Full Judgment Absorption– An employee who was appointed in a development project could claim absorption as of right in the revenue budget. Directed the Government to follow as under: (i) Whenever any vacancy in LGED is created in the revenue set up, it shall consider for absorption of employees or officers of the development projects within the meaning of section 2(ga) of the Rules, 2005, if the project in which s/he is working is completed subject to the condition that such employee or officer has requisite qualifications for the said post. (ii) Whenever a vacant post is created in the revenue budget, the LGED shall absorb/transfer an employee or officer from the development project mentioned in clause (1) to fill up that post in accordance with Rules of 1985 and the ECNEC’S decision dated 10th January, 2008. (iii) An officer or employee shall be absorbed if s/he was appointed in the development project within the meaning of rule 2(ka) of Rules, 2005 in accordance with the procedures prescribed for appointment in public employment. (iv) An officer or employee must have requisite qualifications for the post in which he is seeking absorption. (v) An officer or employee must have continuity in service in the project in which he is working. (vi) An officer or employee must have satisfactory service record before his case is considered for regularization in the revenue budget. (vii) If an officer and employee whose rank and status does not relate to the posts advertised by the impugned notifications on the day of its publications, such officer or employee would not be eligible for consideration for absorption. (viii) The employees and officers who have been working in the development projects mentioned in clause (1) on monthly pay basis would only be eligible for consideration for absorption in the revenue budget. (ix) Unless and until vacancies in the revenue budget in the LGED are created, the employees and officers of the development projects mentioned in clause (1) can not claim as of right to be absorbed in the revenue budget; (x) while considering and selecting an employee or officer of the development project for absorption in the revenue budget, the appointing authority shall maintain strictly the prevailing quota system for employment in the public employment being followed by the Government. (xi) The LGED shall consider the cases of those working on master roll basis for absorption in the revenue budget by phases if they have requisite qualifications subject to availability of vacancies according to their seniority. …Ministry of Finance, Bangladesh =VS= Md. Harun-or-Rashid, (Civil), 2020 (1) [8 LM (AD) 220] ....View Full Judgment Absorption– Recently these issues have been dealt with by this Division in Civil Appeal No.460 of 2017(Secretary V. Abdur Razzak and others) with the following observations: “1. The legitimate expectation would not override the statutory provision. The doctrine of legitimate expectation can not be invoked for creation of posts to facilitate absorption in the offices of the regular cadres/non cadres. Creation of permanent posts is a matter for the employer and the same is based on policy decision. 2. While transferring any development project and its manpower to revenue budget the provisions provided in the notifications, government orders and circulars quoted earlier must be followed. However, it is to be remembered that executive power can be exercised only to fill in the gaps and the same cannot and should not supplant the law, but only supplement the law. 3. Before regularization of service of the officers and employees of the development project in the revenue budget the provisions of applicable “Bidhimala” must be complied with. Without exhausting the applicable provisions of the “Bidhimala” as quoted above no one is entitled to be regularised in the service of revenue budget since those are statutory provisions. 4. The appointing authority, while regularising the officers and employees in the posts of revenue budget, must comply with the requirements of statutory rules in order to remove future complication. The officers and employees of the development project shall get age relaxation for participation in selection process in any post of revenue budget as per applicable Rules. 5. A mandamus can not be issued in favour of the employees directing the government and its instrumentalities to make anyone regularized in the permanent posts as of right. Any appointment in the posts described in the schedule of Bangladesh Civil Service Recruitment Rules, 1981, Gazetted Officers (Department of Livestock Service) Recruitment Rules, 1984 and Non-gazetted Employees (Department of Livestock Service) Recruitment Rules, 1985 bypassing Public Service Commission should be treated as back door appointment and such appointment should be stopped. 6. To become a member of the service in a substantive capacity, appointment by the President of the Republic shall be preceded by selection by a direct recruitment by the PSC. The Government has to make appointment according to recruitment Rules by open competitive examination through the PSC. 7. Opportunity shall be given to eligible persons by inviting applications through public notification and appointment should be made by regular recruitment through the prescribed agency following legally approved method consistent with the requirements of law. 8. It is not the role of the Courts to encourage or approve appointments made outside the constitutional scheme and statutory provisions. It is not proper for the Courts to direct absorption in permanent employment of those who have been recruited without following due process of selection as envisaged by the constitutional scheme.” When the employees of the development projects or casual employees appointed as stop-gap arrangement have put in for considerable years of service in the posts and their works have been approved but they could not be regularized, the only provision provides for them is to qualify the requisite examination and in such circumstances, they would get relaxation of upper age limit. If they are not selected, at the end of the day, they would return home from their respective working place with empty hand. Sympathy, empathy or sentiment by itself, cannot be a ground for passing an order where the litigants miserably fail to establish legal right. It is true that the respondents had been working for a long time, the same by itself would not be a ground for directing regularization of the service. This Court is of the view that the writ petitioners are not entitled for any relief as sought for. All the civil petitions are disposed of. Judgments and orders impugned are hereby set aside. …Bangladesh Rural Development Board =VS= Md. Rabeul Karim, (Civil), 2020 (1) [8 LM (AD) 339] ....View Full Judgment

Title

Absorption/ Absorb

Details

Absorption– In the light of the decision of ECNEC dated 30.12.2007 and the provisions of SRO No. 182-Ain/2005/Shomo/Bidhi-1/S-9/2000 dated 20.06.2005 after completion of the project their service would be transferred to the revenue budget–
The petitioners had been given assurances that their services might be transferred/absorbed in the revenue budget. Since in similar circumstances the government has implemented the directions of the Supreme Court and absorbed the writ-petitioners in Writ Petition No.5667 of 2008, it would be discriminatory not to treat the present respondents equally. We do not find any illegality or infirmity in the impugned judgement, which calls for any interference. The appeal is dismissed. ...Government of Bangladesh =VS= Md. Saiful Islam, (Civil), 2019 (1) [6 LM (AD) 104] ....View Full Judgment

Absorb the Revenue budget with continuity of service and other benefits–
Leave is granted grounds that the writ petitioners were appointed in the project which is ongoing project and as such, no cause of action has been arisen to file this writ petition, the High Court Division without considering the said facts and legal aspect erred in law in giving direction to absorb/regularize/ transfer the writ petitioners in the service of revenue budget. …Roads & Highways Department (RHD), Dhaka =VS= Abdul Motaleb(Md.), (Civil), 2019 (2) [7 LM (AD) 186] ....View Full Judgment

Absorption–
It has been stated in the petition that the project, in which, the writ petitioner-respondents have been serving is an ongoing project and their learned counsel failed to produce any maternal contrary to that submission and that they have been still receiving their salaries and other benefits from the said project, we are of the view that proper course would be to modify the order passed by this Division to the extent that the case of the writ petitioner-respondents regarding absorption/regularization of their services in revenue set up may be considered by the writ respondent petitioners following the guidelines given in the case reported in 17 BLC (AD) 91 after completion of that ongoing project. With the observation made above, all these petitions are disposed of. …Bangladesh Rural Development Board =VS= Md Shahidul Islam, (Civil), 2019 (2) [7 LM (AD) 245] ....View Full Judgment

Absorption or regularize service matter–
Accordingly, it is observed that:
1. The legitimate expectation would not override the statutory provision. The doctrine of legitimate expectation can not be invoked for creation of posts to facilitate absorption in the offices of the regular cadres/non cadres. Creation of permanent posts is a matter for the employer and the same is based on policy decision.
2. While transferring any development project and its manpower to revenue budget the provisions provided in the notifications, government orders and circulars quoted earlier must be followed. However, it is to be remembered that executive power can be exercised only to fill in the gaps and the same cannot and should not supplant the law, but only supplement the law.
3. Before regularization of service of the officers and employees of the development project in the revenue budget the provisions of applicable “Bidhimala” must be complied with. Without exhausting the applicable provisions of the “Bidhimala” as quoted above no one is entitled to be regularised in the service of revenue budget since those are statutory provisions.
4. The appointing authority, while regularising the officers and employees in the posts of revenue budget, must comply with the requirements of statutory rules in order to remove future complication. The officers and employees of the development project shall get age relaxation for participation in selection process in any post of revenue budget as per applicable Rules.
5. A mandamus can not be issued in favour of the employees directing the government and its instrumentalities to make anyone regularized in the permanent posts as of right. Any appointment in the posts described in the schedule of Bangladesh Civil Service Recruitment Rules, 1981, Gazetted Officers (Department of Live Stock Service) Recruitment Rules, 1984 and Non-gazetted Employees (Department of Live Stock Service) Recruitment Rules, 1985 bypassing Public Service Commission should be treated as back door appointment and such appointment should be stopped.
6. To become a member of the service in a substantive capacity, appointment by the President of the Republic shall be preceded by selection by a direct recruitment by the PSC. The Government has to make appointment according to recruitment Rules by open competitive examination through the PSC.
7. Opportunity shall be given to eligible persons by inviting applications through public notification and appointment should be made by regular recruitment through the prescribed agency following legally approved method consistent with the requirements of law.
8. It is not the role of the Courts to encourage or approve appointments made outside the constitutional scheme and statutory provisions. It is not proper for the Courts to direct absorption in permanent employment of those who have been recruited without following due process of selection as envisaged by the constitutional scheme.
In view of the discussion made above and since it is not apparent from the judgment of the High Court Division and other materials available in the record that the procedure provided in the Government notification, indicated in the “Bidhimalas” 1995 or 2005 have been followed duly, the direction of the High Court Division to absorb/regularise their service giving continuity of the same can not be approved. So, the same is set aside. ...Ministry of Fisheries and Livestock =VS= Abdur Razzak, (Civil), 2019 (2) [7 LM (AD) 330] ....View Full Judgment

Absorption–
An employee who was appointed in a development project could claim absorption as of right in the revenue budget. Directed the Government to follow as under:
(i) Whenever any vacancy in LGED is created in the revenue set up, it shall consider for absorption of employees or officers of the development projects within the meaning of section 2(ga) of the Rules, 2005, if the project in which s/he is working is completed subject to the condition that such employee or officer has requisite qualifications for the said post.
(ii) Whenever a vacant post is created in the revenue budget, the LGED shall absorb/transfer an employee or officer from the development project mentioned in clause (1) to fill up that post in accordance with Rules of 1985 and the ECNEC’S decision dated 10th January, 2008.
(iii) An officer or employee shall be absorbed if s/he was appointed in the development project within the meaning of rule 2(ka) of Rules, 2005 in accordance with the procedures prescribed for appointment in public employment.
(iv) An officer or employee must have requisite qualifications for the post in which he is seeking absorption.
(v) An officer or employee must have continuity in service in the project in which he is working.
(vi) An officer or employee must have satisfactory service record before his case is considered for regularization in the revenue budget.
(vii) If an officer and employee whose rank and status does not relate to the posts advertised by the impugned notifications on the day of its publications, such officer or employee would not be eligible for consideration for absorption.
(viii) The employees and officers who have been working in the development projects mentioned in clause (1) on monthly pay basis would only be eligible for consideration for absorption in the revenue budget.
(ix) Unless and until vacancies in the revenue budget in the LGED are created, the employees and officers of the development projects mentioned in clause (1) can not claim as of right to be absorbed in the revenue budget;
(x) while considering and selecting an employee or officer of the development project for absorption in the revenue budget, the appointing authority shall maintain strictly the prevailing quota system for employment in the public employment being followed by the Government.
(xi) The LGED shall consider the cases of those working on master roll basis for absorption in the revenue budget by phases if they have requisite qualifications subject to availability of vacancies according to their seniority. …Ministry of Finance, Bangladesh =VS= Md. Harun-or-Rashid, (Civil), 2020 (1) [8 LM (AD) 220] ....View Full Judgment

Absorption–
Recently these issues have been dealt with by this Division in Civil Appeal No.460 of 2017(Secretary V. Abdur Razzak and others) with the following observations:
“1. The legitimate expectation would not override the statutory provision. The doctrine of legitimate expectation can not be invoked for creation of posts to facilitate absorption in the offices of the regular cadres/non cadres. Creation of permanent posts is a matter for the employer and the same is based on policy decision.
2. While transferring any development project and its manpower to revenue budget the provisions provided in the notifications, government orders and circulars quoted earlier must be followed. However, it is to be remembered that executive power can be exercised only to fill in the gaps and the same cannot and should not supplant the law, but only supplement the law.
3. Before regularization of service of the officers and employees of the development project in the revenue budget the provisions of applicable “Bidhimala” must be complied with. Without exhausting the applicable provisions of the “Bidhimala” as quoted above no one is entitled to be regularised in the service of revenue budget since those are statutory provisions.
4. The appointing authority, while regularising the officers and employees in the posts of revenue budget, must comply with the requirements of statutory rules in order to remove future complication. The officers and employees of the development project shall get age relaxation for participation in selection process in any post of revenue budget as per applicable Rules.
5. A mandamus can not be issued in favour of the employees directing the government and its instrumentalities to make anyone regularized in the permanent posts as of right. Any appointment in the posts described in the schedule of Bangladesh Civil Service Recruitment Rules, 1981, Gazetted Officers (Department of Livestock Service) Recruitment Rules, 1984 and Non-gazetted Employees (Department of Livestock Service) Recruitment Rules, 1985 bypassing Public Service Commission should be treated as back door appointment and such appointment should be stopped.
6. To become a member of the service in a substantive capacity, appointment by the President of the Republic shall be preceded by selection by a direct recruitment by the PSC. The Government has to make appointment according to recruitment Rules by open competitive examination through the PSC.
7. Opportunity shall be given to eligible persons by inviting applications through public notification and appointment should be made by regular recruitment through the prescribed agency following legally approved method consistent with the requirements of law.
8. It is not the role of the Courts to encourage or approve appointments made outside the constitutional scheme and statutory provisions. It is not proper for the Courts to direct absorption in permanent employment of those who have been recruited without following due process of selection as envisaged by the constitutional scheme.”
When the employees of the development projects or casual employees appointed as stop-gap arrangement have put in for considerable years of service in the posts and their works have been approved but they could not be regularized, the only provision provides for them is to qualify the requisite examination and in such circumstances, they would get relaxation of upper age limit. If they are not selected, at the end of the day, they would return home from their respective working place with empty hand.
Sympathy, empathy or sentiment by itself, cannot be a ground for passing an order where the litigants miserably fail to establish legal right. It is true that the respondents had been working for a long time, the same by itself would not be a ground for directing regularization of the service. This Court is of the view that the writ petitioners are not entitled for any relief as sought for. All the civil petitions are disposed of. Judgments and orders impugned are hereby set aside. …Bangladesh Rural Development Board =VS= Md. Rabeul Karim, (Civil), 2020 (1) [8 LM (AD) 339] ....View Full Judgment