MD. SHAHJAHAN MIA Vs. GOVERNMENT OF BANGLADESH

JUDGEMENT

(1.) In this rules issued under Article 102 of the Constitution of the Peoples Republic of Bangladesh, the respondent nos. 1-5 have been called upon to show cause as to why they should not be directed to make payment to the petitioner of his entire arrear dues of TK. 1.39,272.24/= only, as payable to him for the period from 03.07.1999 to 01.08.2004 along with interest at the bank rate up to the date of payment.

(2.) Facts, in brief, are that the petitioner had been serving in the Birol Degree- College (in short, the College) as an Assistant Professor of the Department of physics for long about 32 years with sincerely and efficiency since 24.07.21975. While in service in the College the petitioner was temporarily suspended by (he Governing Body of the College' on 01.07.1999 at the instance of some local vested quarter out of sheer conspiracy. Ultimately, he was dismissed from service on 08.11.1999 under rule 17(Ga) of the Non-Government Institution Administration and Management Rules. The petitioner was, therefore, constrained to institute Other Class Suit no.8O of 1999 before the court of Subordinate Judge, (now, the Joint District Judge), Dinajpur who subsequently passed an order of temporary injunction restraining Governing Body of the College from giving effeet to the order of dismissal and to allow him to serve till disposal of the suit. .Subsequently, the Governing Body of the College by adopting a resolution dated 17.07.2004 had withdrawn the order of suspension dated 01.07.1999 against the petitioner. Consequ-ently, he also withdrawn the said suit by way of mutual settlement. pursuant to the decision so adopted by the Governing Body of the College in its meeting, dated 17.07.2004 and also in consideration of the withdrawal of Other (class Suit No. 80 of 1999 by the petitioner on 27.07.2004, the College authority by its letter hearing Memo no. 72(1)/04 dated 31.07.2004 re-instated the petitioner in service asking him to join within 7 (seven) days from the date of receipt of the said order. The Petitioner accordingly joined in his respective post as Assistant Professor, (Physics) in the College on 01.O8.2004 which was duly accepted by the respondent no.7 on the same day.

(3.) It has been contended that the petitioner as an Assistant Professor of the Department of Physics of the College was entitled to get half of the balance amount of the government portion of salary and accordingly an amount of Tk.l ,89,272.24 only was payable to him on his re-instatement in .service, It has been asserted that though the said amount was withdrawn by respondent no.7 through bill but instead of paying to him the said amount was kept in the College account bearing A/C No.544 at Rupali Bank, Birol Branch, and that the respondent no.7 did not yet pay his arrear dues despite repeated requests so made to that effect. The anomaly was duly detected during, the course of audit by respondent no.4. Pursuant thereto the respondent no.3 vide Memo no. Sha;(Paridarshan) -5/07/32 dated 2 5.02.2007 recommended for taking legal action against the respondent No. 7 including the college authority for withdra-wing the amount of Tk. 1 ,89,272.24 which was payable to the petitioner out of the government portion of salary. The relevant portion is quoted below:-