GOVERNMENT OF BANGLADESH Vs. MD. SULTAN AHMED

JUDGEMENT

(1.) This petition for leave to appeal is directed against the judgment and order dated 28.06.2005 passed by the Administrative Appellate Tribunal in Miscellaneous Appeal No. 04 of 2003 dismissing the appeal.

(2.) Short facts are that Execution Case No.3 of 2002 was filed by the respondent before the Administrative Tribunal No.1, Dhaka for execution of the judgment and order dated 06.01.1993 passed by the Administrative Tribunal, Dhaka in A.T. Case No. 129 of 1991. The A.T. Case was filed under section 4 of the Administrative Tribunals Act, 1980 challenging the orders dated 25.02.1988 and 05.04.1988 passed by the Ministry of Establishment and Directorate of National Security Intelligence respectively and for declaration that the present respondent has been in the service of the N.S.I, as an officer absorbed therein with the entitlement of seniority on the basis of past service and all attending benefits.

(3.) The Administrative Tribunal, Dhaka after hearing the parties allowed A.T. Case No. 129 of 1991 on contest. Against the judgment and order of the Administrative Tribunal, Appeal No. 21 of 993 was filed before the Administrative Appellate Tribunal, Dhaka but the appeal was dismissed on contest on 28.04.1993, against that a Civil Appeal was preferred before the Appellate Division being Civil Appeal No. 37 of 1995 but the. Civil Appeal was also dismissed on 14.12.1995. Thereafter, execution case was filed for implementation of the judgment and order passed in A.T. Case No, 129 of 1991 and the Tribunal allowed the execution case on contest directing the authorities to count past service of the present respondent in the matter of inter-se-seniority and other benefits.