GOVERNMENT OF BANGLADESH Vs. MD. AFTAB UDDIN FAKIR

JUDGEMENT

(1.) This petition for leave to appeal is directed against the judgment and order dated 13.07.2005 passed by the Administrative Appellate Tribunal, Dhaka in Appeal No.52 of 2001 allowing the same.

(2.) Short facts are that the petitioner, Md. Aftabuddin Fakir, a retired U.D. Assistant of the P.W.D. instituted A.T. Case No. 262 of 1997 before the Administrative Tribunal-1, Dhaka for a declaration that he was entitled to get pension and gratuity benefits from 17.10.1968 to 30.06.1978 as regular Government employee in continuation to his subsequent services till 30.12.1996. He was appointed temporarily as Work Assistant by P.W.D's Superintendent Engineer's order dated 17.10.1968 and was posted in the Office of the Superintendent Engineer against Sub-Division No.1 of Development (Bldg) Division No.1, Dhaka. Though he was appointed temporarily as a work-charged employee, the petitioner enjoyed all facilities of a regular employee of the Department like other regular employees. While he was rendering his services as work-charged employee, the Government issued a memo dated 28.03.1969 for conversion of certain temporary posts into permanent post and contingent and work-charged staff into regular establishment. Accordingly, the petitioner was absorbed in regular establishment and appointed as L.D. Assistant. He was promoted to the post of U.D. Assistant by office order dated 27.07.1995 and lastly retired from service on 30.12.1996. The petitioner had rendered 28 years 1 month and 9 days of services with effect from the date of his appointment as temporary work Assistant but the respondents most illegally and arbitrarily excluded his work-charged period of services from 11.10.1968 to 30.06.1978 for the purpose of not giving him pension benefit to the said period.

(3.) The respondent contested the case by filing a written statement contending, inter alia, that the petitioner was serving as a work-charged employee for about 9 years and 9 months on temporary basis and thereafter he was appointed afresh as L.D. Assistant on 30.06.1978 against the regular substantive post of the Department and accordingly he was refused pension benefits for the period he served temporarily as work-charged employee.