Home Today's Paper Most Popular Video Gallery Photo Gallery
Subscription Blog Signin Register
Logo
Saturday, June 23, 2018 06:09:49 PM
Follow Us On: Facebook Twitter Twitter Twitter Twitter

ToRs of teachers are basically different

By
10th-Mar-2018       
Comments
Share your thought
Post a comment »
Read all () »

Appellate Division (Civil) :
Nazmun Ara Sultana J
Syed Mahmud Hossain J
Md Imman Ali J
ABM Nasrul Aziz............Petitioner
vs
Crescent Jute Mills Company Limited, represented by its General Manager and others... Respondents
Judgment
September 15th, 2014
Constitution of Bangladesh, 1972
Article 102(2)
The petitioner receive benefits and salary up to the age of 60 years as a teacher not as an employee of BJMC and, therefore, there will not be any deduction in respect of salary received as a teacher up to the age of 60 years. .......(9)
ABM Bayezid, Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-Record-For the Petitioner.
Tufailur Rahman. Senior Advocate, instructed by Chowdhury Md Zahangir, Advocate-on-Record-For Respondent No. 1.
None Represented -Respondent Nos. 2-4.
Judgment
Md Imman Ali J : This civil petition for leave to appeal is directed against the judgement and order dated 8-1-2012 passed by a Division Bench of the High Court Division in Writ Petition No. 7040 of 2010 discharging the Rule.
2. The facts of the instant case, in brief, are as follows:
On 10-10-1978 the petitioner on getting appointment as Assistant Teacher of the Crescent High School, joined in the said post. On 9-1-2002 the petitioner was served a letter of retirement tinder Memo No. BJM/ Administration/21/4509 dated 12-1-2002 stating that the authority had decided to retire all the teachers at their age of 57 years instead of 60 years. Accordingly, the petitioner was directed to refund the salary which he got after attaining the age of 57 years. Challenging the said letter, the petitioner filed Writ Petition No. 2366 of 2002 before the High Court Division and obtained Rule. The Rule in the said Writ petition was disposed of with an observation that since the petitioner retired from his service, he is entitled to get retirement benefit up to his age of 60 years in accordance with law.
Before passing the said order the petitioner attained the age of 60 years. Thereafter the respondents by the impugned letter dated 17-9-2009 informed the petitioner that he would get gratuity as per provision of Regulations 28 and 29 of the Recognized Non-Government Secondary School Teachers Employees Service Regulations, 1979. According to the respondents, the petitioner is entitled to get gratuity of one month against every three years' service, i.e. he is entitled to get salary of 8 months of his total service.
3. Against the said letter the petitioner filed Writ Petition No. 1622 of 2012 before the High Court Division and obtained Rule.
4. By the impugned judgement and order, the High Court Division discharged the Rule. Hence, the petitioenr has filed the instant civil petition for leave to appeal challenging the impugned judgement and order of the High Court Division.
5. Mr ABM Bayezid, learned Advocate appearing on behalf of the petitioner submitted that the High Court Division failed to consider that the petitioner was appointed by respondent No.1, and accordingly respondent No. I is duty bound to give benefit to the petitioner as per the Rules of the respondent No.1 and the High Court Division declared that the petitioner as an employee of the respondent No. 4 and, as such, committed serious error of law and the petitioner is highly prejudiced and, as such, the impugned judgement and order is liable to be set aside.
He further submitted that as a similar matter, a senior teacher namely Mrs Rajia Akhter of the same school got the benefit of her retirement at the age of 60 years, but the petitioner did not suffer the same double standard as maintained here, and, as such, the impugned judgement and order is liable to be set aside for ends of justice.
He lastly submitted that the petitioner was offered 42 months' salary for 21 years' service in the school on condition to deduct the two years' salary already received by the petitioner for his service, but after the judgement of Writ Petition No.2366 of 2002 the authority did not pay the same in respect of the petitioner.
6. Mr Tufailur Rahman, learned Senior Advocate appearing for respondent No. I made submissions in support of the impugned judgement and order of the High Court Division.
He submitted that the petitioner would receive his salary as teacher up to the age of 60 years, but he could not get the retirement benefit of an employee of BJMC after reaching the age of 57 years since that would not be covered by the Service Rules applicable to BJMC employees.
7. We have considered the submissions of the learned Advocates for the parties concerned and perused the impugned judgement and order of the High Court Division and other connected papers on record.
8. It appears from the impugned judgement that the High Court Division took note of the earlier judgement in Writ Petition No. 2366 of 2002 that the writ petitioner claiming himself as an employee of Crescent High School he would not get gratuity of two months' salary against every one year of service as per provision of BJMC Employees Service Regulations.
It was further held by the impugned judgement that the writ petitioner would get retirement benefits as per the provisions of the Board of Intermediate and Secondary Education Ordinance 1961.
9. In view of observations made by the High Court Division in the earlier Writ Petition No. 2366 of 2002 and the observation of the High Court Division in the impugned judgement in juxtaposition with the submissions made before us by the learned Advocate appearing on behalf of respondent No.-I, we are of the opinion that the petitioner would be entitled to receive the enhanced retirement benefits provided by the BJMC Service Regulations up to his age of 57 years and that in addition he would be entitled to receive the benefits and salaries in accordance with the provisions of the Board of Intermediate and Secondary Education Ordinance, 1961 for the period in between his age of 57 and 60 years.
The petitioner would thus receive benefits and salary up to the age of 60 years as a teacher not as an employee of BJMC and, therefore, there will not be any deduction in respect of this salary received as a teacher up to the age of 60 years.
With the above observations, the civil petition for leave to appeal is disposed of.

Tariff
Add Rate

News Archive

Inside The New Nation

Editorial »

Trump disregards the American core human right values : He is against America`s greatness


The United States withdrew from the United Nations Human Rights Council on Tuesday, condemning the "hypocrisy" of its members and its alleged "unrelenting bias" against Israel vividly face-off US stance in favour of rights violation. National and international news outlets reported that the US ambassador to the UN, Nikki Haley, ...

Entertainment »

Kriti Sanon shares glimpses from her IIFA performance


Actress Kriti Sanon took to social media to share glimpses from her upcoming electrifying performance at the IIFA awards. Kriti Sanon who landed in Bangkok on Thursday morning for IIFA wasted no time as she took to rehearsals for her much-awaited performance. Sharing insights into her performances, Kriti Sanon posted ...

Entertainment »

A fan paints a wall with Nidhhi Agerwal’s graffiti art


An ardent fan of Nidhhi Agerwal took to Twitter to share a Graffiti art of the actress painted on a wall. The fan artist painted a wall with the actress’ image giving showcasing his love for Nidhhi. The artist spent a huge amount of time getting every detail right to ...

Business & Economy »

Amir Uddin, Board Chairman of Al-Arafah Islami Bank Limited, presiding over its 117th meeting at the banks head office in the city on Thursday. Md. Abdus Salam, Abdul Malek Mollah, Khalid Rahim, members of the committee and Habibur Rahman, Managing Director of the bank were also present.


International »

North, South Korea discuss reunion for families separated by war


Reuters, Seoul :Delegations from North and South Korea met on Friday for talks to arrange the first reunions in about three years for families separated by the Korean War, with the Red Cross paving the way.The effort is among the steps promised by North Korean leader Kim Jong Un and ...

International »

Melania visits border, Congress flails on family separations


AFP, Mcallen :Melania Trump made a surprise trip to the US-Mexican border on Thursday as her husband's administration seeks to quell a firestorm over migrant family separations, while Republican lawmakers were forced to delay a high-stakes vote on the crisis.While President Donald Trump's administration struggled to formulate next steps, the ...

Football »

Croatia`s fans celebrate after the match on Thursday.


Football »

Lukaku tells how poverty fired World Cup dream


AFP, Moscow :Belgium striker Romelu Lukaku realised how poor his family was when he saw his mother watering down the milk. The football talent he is showcasing at the World Cup was their passport out of poverty.The Manchester United man has opened up about growing up in Antwerp and his ...

City »

Different kind of fruits have been arranged at the National Fruits Fair in the city's Khamarbari on Friday. The Ministry of Agriculture organizes the fair.


City »

Shikshak-Karmachari Federation of Non-MPO Institutions staged a sit-in in front of the Jatiya Press Club for the 13th consecutive day on Friday with a call to enlist recognised non-MPO institutions under MPO.


Editorial »

Addressing the causes of people`s displacement is the real option for tackling the refugee crisis


LIKE many other countries, World Refugee Day was observed in the country on Wednesday at a time when the world's third largest refugee group Rohingya is living in the overcrowded camps in Cox's Bazar. The UNHCR reported that 68.5 million people are living in different refugee camps across the world. ...

Football »

Denmark`s Christian Eriksen is congratulated by his teammate Yussuf Yurary Poulsen after scoring the opening goal during the group C match between Denmark and Australia at the World Cup match in Samara, Russia on Thursday. Denmark, Australia match ended 1-1 draw.


Football »

Spain's Diego Costa (right) celebrates with his teammate Isco after scoring his side's opening goal during the group B match between Iran and Spain at the 2018 soccer World Cup at the Kazan Arena in Kazan, Russia, on Wednesday.


Entertainment »

Neetu to ring in her birthday with Rishi Kapoor in Paris


Neetu Kapoor will soon be turning 60 on July 8 and if the latest reports are to be believed, the actress already has special plans. Neetu Kapoor will soon be flying to Paris to ring in her birthday with husband Rishi Kapoor, son Ranbir Kapoor, daughter Riddhima Kapoor Sahni and ...

Entertainment »

Salman to kick-start the shooting schedule of Bharat on July 17


Priyanka Chopra and Salman Khan are ready to be seen together on the big screen after a decade in Bharat. The film also stars Disha Patani and is an adaptation of South Korean film, Ode to My Father. Directed by Ali Abbas Zafar, this project has been in the limelight ...

 
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