Home Today's Paper Most Popular Video Gallery Photo Gallery
Subscription Blog Signin Register
Logo
Monday, May 29, 2017 06:14:38 AM
Follow Us On: Facebook Twitter Twitter Twitter Twitter

Heirs of the ex-employee entitled to full service benefits

By
15th-Oct-2016       Readers ( 313 )   0 Comments
Comments
Share your thought
Post a comment »
Read all (0) »

(From previous issue) :
Provided further that no such application shall be entertained by the Administrative Tribunal unless it is made within six-months from the date of making or taking of the order, decision or action concerned or making of the Decision on the matter by the higher administrative authority, as the case, may be.
(3) In this section "person in the service of the Republic 3[or of any statutory public authority]"  includes a person who is or has retired or is dismissed, removed or discharged from such service, but does not include a person in the defence services of Bangladesh 4[or of the Bangladesh Rifles].
8. It appears from the provision of section 4 of the Administrative Tribunal Act that a servant if being aggrieved by any order of the concerned authority, shall have to go to the Administrative Tribunal for his remedy first, but the present petitioners have no that scope to file any application before the Administrative Tribunal as they were not in the  service of the republic.
Section 7 A says:
2[7A. (1) Where a  person is dismissed or removed from service and an application is made under section 4 against such removal or dismissal and that person dies during the pendency of the ease, the right to sue of that applicant shall survive if his service had been pensionable under any law for the time being in force.
(2) Where the right to sue survives under sub-section (I), such legal representative of the deceased applicant who would have been entitled to the pensioner benefit at the event of the death or retirement of the deceased applicant may be substituted, upon an application, made to the Tribunal or, as the case may be, to the Appellate division within sixty days from the date of the earth of the applicant.
 (3) The legal representative of the deceased, as referred to in sub-section (2), shall be entitled to the pensionery benefit which would have been payable to that deceased if he had been removed or dismissed:
Provided that, such pensioner benefit shall not be payable unless the Tribunal or, as the case may the Appellate Division, declares the order of the dismissal or removal, as the case may be, as illegal or void:
Provided further that, for the purpose of this section, the applicant shall be deemed to have died or retired, as the case may be, on the day on which he was removed or dismissed.
9. It has been provided in section 7A that when all application against the dismissal or removal from service is pending before the Administrative Tribunal, if the employee or servant of the republic dies, than his/her heirs can be substituted in the pending proceeding as heirs of the deceased and right to so survive. But here there was no case pending against any dismissal or removal before the administrative tribunal when the employee died of cancer. Therefore, no question of substitution can be raised for the heirs of the deceased.
10. On plain reading of these sections it appears that only the servant of the republic may apply before the Administrative Tribunal or his heirs may be substituted in the case if he dies during pendency of the case filed by him against his removed or dismissal from service. But there is no such case pending in the Administrative Tribunal at the time of his death. In such view of the fact, the petitioners do rot have locus standi to file an application before the administrative tribunal as they are not servants in the republic.
II. In such a situation, the petitioners as heirs of the predecessor, have no other forum to seek relief rather to move this court with a writ petition invoking Article 102 of the Constitution. It is pertinent here to refer the case of Kazi Shamsunnahar vs Commandant RRF Khulna reported in 2 BLC 569 where their Lordships observed that
"Admittedly, the deceased government servant was not removed from service prior to his death but he was removed from service just after his death resulting thereby the government servant died while he was still in the service of the Republic for which the petitioners as heirs of the government servant are entitled to recover the service benefits as permissible under the law and the writ petition is maintainable".
12. In the instant case there is no dispute that Abdur Rouf Chowdhury was neither convicted nor removed, nor dismissed from service before his death. So the penalty imposed by the authority concerned upon the dead man is not legal in the eye of law. It is apparent that the petitioners are admittedly heirs of the deceased employee having no other forum except to invoke writ jurisdiction under Article 102 of the Constitution and since the predecessor of the petitioners was acquitted from the charge brought against him by the competent court of law, there is no bar to the petitioners as heirs of the ex-employee in obtaining full service benefits as per service rules. Furthermore, as the departmental proceeding was withdrawn by the concerned authority the service of the predecessor of the petitioners was seemed to be treated as regular one and all service benefits of the predecessor to be recovered by the petitioners as his heirs.
13. In view of the discussion as above, we are inclined to hold that the impugned orders (Annexures-H, E, F and FI to this writ petition) are ex-facie illegal and the same have been passed without any lawful authority and are of no legal effect, therefore, the petitioners as heirs of late Abdur Rob Chowdhury are entitled to get all service benefits including pension and arrear, if any, as permissible in law.
In the result the rule is made absolute without order as to costs. The impugned orders (Annexures-H, E, F and F1 to this writ petition) have been passed without lawful authority and are of no legal effect. The respondents are directed to pay full service benefits of late Abdur Rob Chowdhury to the petitioners as permissible under the law.
(Concluded)

0 Comments. Share your thoughts also.
Write a comment
Tariff
Add Rate

News Archive

Inside The New Nation

Back Page »

Spiritual endeavour


Abdul Muqit Chowdhury :The Arabic word 'Ramadhan' has the significance and appeal to 'burn the evil instincts' for purification. 'Siam' calls to 'abstain from misdeeds'. The word 'Ramadhan' is derived from the root 'ramd'. It means heat, excessive heat, high degree of heat, burning. The Persian word 'Roza' means fasting. ...

Editorial »

Transparency over WASA project


THE Asian Development Bank is reportedly bringing pressure on the government to award two contracts to a bidder without competitive bidding to supply 500 million litres of treated water to Dhaka Water Supply Authority (WASA) from River Meghna, as per a New Age report on Sunday. But what is noticeable ...

Football »

Wenger collects record 7th FA Cup unclear on Arsenal future


AP, London :Removing the record seventh FA Cup winner's medal from his pocket, Arsene Wenger was gratified and yet apprehensive."For once I have kept my medal," said the Arsenal manager, who usually gives them away to staff members. "So that means it's a special night for me."And maybe his last ...

Entertainment »

Ariana Grande will return to Manchester for fundraising concert


Undeterred by the severe terror threat and the traumatic attack after her concert, Ariana Grande is all set to return to Manchester. The 23-year-old-singer promised her fans that she will return to Manchester to have a benefit concert to raise money for the victims and their family. The Side to ...

Entertainment »

Int’l viewers ‘jilted’ to know we lip-sync to songs in Bollywood: Pooja Batra


Model-turned-actress Pooja Batra, who will soon be seen psychological thriller Mirror Game: Ab Khel Shuru and has acted in an international film, says audiences abroad feel a little jilted to know that in Bollywood, actors do not sing in real but there is a playback singer. “Since in western countries, ...

City »

BNP Chairperson Begum Khaleda Zia along with others offering Munajat at an Iftar Mahfil organised for Ulema-Mashaekh and orphans at the Ladies Club in the city on Sunday, the first day of holy Ramzan.


International »

Trump ends nine-day overseas trip with a flourish as trouble looms at home


Reuters, Washington :With trouble facing him back home, US President Donald Trump ended his nine-day overseas journey in dramatic fashion on Saturday, addressing US troops at a campaign-style rally.Trump flipped traditional US foreign policy upside down on his tour through the Middle East and Europe, coddling Middle Eastern leaders with ...

International »

May's Conservatives maintain 14-point lead over Labour: Poll


Reuters, London :British Prime Minister Theresa May's Conservative Party has a 14 percentage point lead over the main opposition Labour Party ahead of a June 8 election, according to an ICM opinion poll published in the Sun newspaper on Sunday.The poll put the Conservatives on 46 percent and Labour on ...

Editorial »

Holy Ramzan is not for greedy business


THE Holy month of Ramzan starts from today with a surge in the pieces of essentials in the kitchen market to a new height. The government leaders said the market has enough supply and it is true because traders have imported essentials in huge quantity in the past months anticipating ...

Back Page »

Holy Ramzanul Mubarak


Abdul Muqit Chowdhury :Holy Ramzan, the ninth month of the  Arabic year and the best period for virtuous deeds, starts today with great inspiration and religious fervour. This month is unique, to have Revelation of the Holy Quran-the universal and eternal message for guidance of mankind. The Muslims are fortunate ...

Sports »

China's former tennis star Li Na joins business school


AFP, Beijing :Chinese two-time Grand Slam champion Li Na enrolled Saturday in a prominent Beijing business school program for senior management executives. "As a retired athlete who has been in the tennis industry for many years, I hope to pursue a wide range of business interests in my second career," ...

Entertainment »

Being a part of classic like Titanic a big honour: Celine Dion


Singer Celine Dion says it is a matter of pride and honor for her to have sung hit love ballad My Heart Will Go On for the film Titanic. The 49-year-old songstress recently sang the number from the 1997 blockbuster at the 2017 Billboard Music Awards to celebrate the 20th ...

Entertainment »

Kartik Aaryan’s camaraderie with Paresh Rawal


Kartik Aaryan impressed us all with his hilariousness in the Pyaar Ka Punchnama series and he is all set to push the envelope in comedy with Guest Iin London. The trailer is standing proof of this.  In a three minute comic trailer that stars the comedy legend Paresh Rawal, Kartik ...

International »

Hillary delivers stinging attack on Trump at graduation speech


AFP, New York :Hillary Clinton launched a stinging attack on Donald Trump Friday, obliquely comparing him to former president Richard Nixon, who resigned in 1974 to escape impeachment, and savaging the Republican assault on fact-based politics.The defeated Democratic presidential nominee made her remarks in a commencement address at her alma ...

Editorial »

HC ruling on illegally charged session fee of private English medium schools


THE High Court Division on last Thursday declared that all forms of session fees charged by the numerous English medium schools in the country as illegal. The verdict came against the backdrop of a writ petition filed with the HC in 2012 challenging the legality of Session Fees and value ...

 
Items that you save may be read at any time on your computer, iPad, iPhone or Android devices.
 
Are you new to our website? Do you have already an account at our website?
Create An Account Log in here
Email this news to a friend or like someone
Email:
Write a comment to this news