BADSHA MIAH (MD) Vs. SONALI BANK

JUDGEMENT

(1.) This appeal by leave is directed against the judgment and order dated 22-11-2000 passed by the Administrative Appellate Tribunal in Tribunal Case No. 108 of 1999 allowing the same upon setting aside the judgment and order dated 20-11-1997 passed by the Administrative Tribunal, Dhaka in Tribunal Case No. 228 of 1997 allowing the same.

(2.) The relevant facts are that the appellant filed the above case before the Administrative Tribunal, Dhaka for declaration that he is entitled to get all the financial benefits for the period from the date of his retirement up to the joining his duties.

(3.) The appellant's case was that while serving as Deputy General Manager of Sonali Bank, he was retired from service by an order dated 13-12-1993 under section 9(2) of the Public Servants (Retirement) Act, 1974 along with 4 others of the same Bank and 9 others of some other nationalised Banks including Agrani Bank; that one Mr. Kobad Ali, Deputy General Manager of the Agrani Bank, who was also one of those so retired by the Government, instituted Administrative Tribunal Case No. 168 of 1994 before the Administrative Tribunal, Dhaka challenging his order of retirement; that during the pendency of the said Tribunal Case, the present appellant Md. Badsha Miah of Sonali Bank submitted representation to the Hon'ble President of the People's Republic of Bangladesh on 20-8-1996 for his reinstatement in service whereupon a notification was issued on 15-1-1997 whereby the appellant was reinstated in service but without any arrear salary and allowances for the period he was out of service treating the said period as an extraordinary leave. Thereafter, the appellant joined his duties; that in the meantime the Administrative Tribunal case filed by Mr. Kobad Ali was heard and upon hearing the parries, the Administrative Tribunal allowed the said case upon setting aside the order of his retirement and directing his reinstatement in service with all financial benefits. Accordingly, said Kobad Ali was reinstated in service on 23-4-1997 with all benefits for the period he was out of service.