RAZIUL HASAN Vs. BADIUZZAMAN KHAN

JUDGEMENT

(1.) This appeal by leave by added respondent No. 6-appellant is against the judgment and order dated 8-11-93 passed by the Appellate Administrative Tribunal dismissing Administrative Appeal No. 75 of 1993 thereby affirming the judgment and order dated 13-4-93 passed by the Member, Administrative Tribunal, Dhaka, in Administrative Tribunal Case No. 264 of 1990.

(2.) Respondent No. 1 filed Administrative Appellants Tribunal Case No. 264 of 1990 praying for a declaration that he has been the Director/Deputy Secretary with effect from 18-4-81 or in the alternative from 29-6-81 and also for a declaration that the placement of the appellant and respondent No. 7 above him in the seniority list are illegal and void.

(3.) The case of respondent No. 1, inter alia, is that he joined the then Pakistan Secretarial Service on 24-12-68 as probationer Section Officer being appointed as such on the basis of the result of the CSS Examination of 1967; that in 1973 he opted for Bangladesh and was repatriated to Bangladesh; that thereafter he was appointed Section Officer in the Ministry of Commerce; that he was transferred to the Ministry of Foreign Affairs as Section Officer on 9-5-74 and was posted at the Embassy of Bangladesh in Senegal as Second Secretary on 15-2-1979; that he was then posted in the Ministry of Foreign Affairs of Bangladesh on 11-9-1980 as Senior Scale Section Officer that thereafter he was encadred in the Bangladesh Civil Service (Foreign Affairs) as per Gazette Notification published on 18.4.1981 on his absorption as Deputy Secretary; that he was appointed Deputy Secretary of the Ministry of Education as Member of the Senior Services Pool. After necessary test as per notification dated 29-6-1981 with the status of a Deputy Secretary he was appointed Director of the Directorate of South Asia-2 and that he assumed the charge of the office by Memo, dated 13-7-1981 that he was asked to intimate his option as to whether he was willing to relinquish his lien to the cadre of BCS (Foreign Affairs); that he requested the Secretary of the Establishment Division for his confirmation in the BCS (Foreign Affairs) Cadre as Deputy Secretary; that meanwhile the Ministry of Foreign Affairs by order dated 10-6-82 cancelled the notification relating to his assumption of charge as Director; that the Ministry of Establishment Division cancelled his appointment as Deputy Secretary in the Senior Services Pool by order dated 17-2-83; that he submitted representation for regularization of his appointment but he was informed by order dated 17-8-83 in the negative; that in 1983 a draft seniority list was prepared. At that time he was posted at Islamabad as a Counselor below the rank of Deputy Secretary. Respondent No. 1 submitted representation which was rejected by order dated 12-7-86. On the other hand, the present appellant Raziul Hasan and Mr. SA Jalal (Respondent No. 7) were placed in the gradation list of 1989 above respondent No. 1 who was higher in the gradation list of 1984. In this way the seniority of respondent No. 1 was affected thereby degrading his rank and status. After his return to Bangladesh he submitted representation for restoration of his position and seniority which was rejected on 30-6-90. Thereafter he instituted this case on 29-12-90.