MD. ABDUR RAHMAN Vs. GOVERNMENT OF BANGLADESH

JUDGEMENT

(1.) This appeal by leave at the instance of the appellant has arisen out of the judgment and order dated 30.5.2001 passed by the Administrative Appellate Tribunal in Appeal No. 126 of 2000 dismissing the appeal preferred against those dated 12.10.2000 of the Administrative Tribunal in A.T. Case No.230 of 1994 thereby affirming the decision of the Administrative Tribunal declaring that being a work-charged employee in a project the appellant is not entitled to get pension benefit without being a regular Government servant.

(2.) The appellant as the petitioner filed the A.T. Case before the Administrative Tribunal challenging the legality and propriety of the order dated 3.3.1994 passed by the Secretary, Ministry of Local Government, Rural Development and Cooperatives refusing to grant pension benefit to the appellant.

(3.) The case of appellant, in brief, is that he entered the service as an Estimator under the Public Health Engineering Directorate on 2.10.1956. While serving as a Supervisor in Dhaka WASA he fell seriously ill and was absent from duty for a period of 2 years 10 days with effect from 1.10.1984. Subsequently on his prayer, the Chief Engineer, Public Health Department gave him a fresh appointment in a project as work-charged Assistant Engineer on 24.10.1967 on humanitarian ground. There he rendered services for 25 years and took retirement on completion of 57 years of age on 21.11.1992. During his long service as work-charged employee he submitted applications on 3.8.1977, 13.12.1978, 31.12.1979, 6.5.1992 and 14.9.1992 for his absorption to regular post but the Secretary, Ministry of Local Government, Rural Development and Co-operatives rejected all his applications illegally and arbitrarily and thereby refused to regularize his service inspire of clear Government policy in this respect vide Government Notification dated 28.3.1969, Establishment Division Circulars dated 21.4.1972, 8.10.1974 and 5.8.1980 and also in spite of the fact that service of two other work-charged Assistant Engineer Obaidur Rahman and Matiur Rahman of the same Directorate were regularised and they were subsequently given promotion to the post of Executive Engineers and also got pension benefits. On attaining the age of 57 years he went on retirement with effect from 21.1L1992 without pensionary benefits to which he was legally entitled to and as such, he submitted an application before respondent No. 1 on 12.2.1994 which was illegally rejected by an order dated 3.3.1994 on the ground that there was no scope for grant of pension benefit to work-charged employees under a project.