Nitimala of 2012 (সরকারী প্রাথমিক বিদ্যালয়ে দপ্তরী কাম প্রহরী পদে আউটসোর্সিংয়ের মাধ্যমে জনবল নিয়োগের নীতিমালা)
Provisions of clauses 7(5) and 7(8)
Process of selecting Daftari-cum-Prohori–
Having considered the materials on record, we are also of the view that the Nitimala of 2012 is the applicable guideline by which the selection is to be made. Clause 7 of the Nitimala of 2012 read as a whole, particularly, the provisions of clauses 7(5) and 7(8), indicate that the selection is to be made in serial order, which, in fact, reflects the merit of the candidates. We do not find any illegality or infirmity in the judgement and order passed by the High Court Division. Accordingly, this civil petition for leave to appeal is dismissed. …Tanim Ahmed(Md.) =VS= Monjur Ahmed(Mr.), (Civil), 2019 (2) [7 LM (AD) 204] ....View Full Judgment

সরকারী প্রাথমিক বিদ্যালয়ে আউটসোর্সিংয়ে জনবল নিয়োগের নীতিমালা-২০১২ (amendment 2015)
Rule 7(2), 7(5) and 7(8)
Daptory-cum-Prohori’ for a period of 03(three) years in the respective schools with certain condition on contractual basis— In the instant case, the writ petitioners were allegedly appointed on 09.05.2015 as ‘Daptory-cum-Prohori’ for a period of 03(three) years in the respective schools with certain condition on contractual basis. In Clause 2 of the Contract, it has been stipulated to the effect: “----এই চুক্তিপত্র মেয়াদ শেষে অব্যাহতি হিসাবে গণ্য হইবে।” Terms of the contract the writ petitioners are no more in the service after expire of 03(three) years, from 09.05.2015. In the writ petition it is stated by the writ petitioners (paragraph-13) that they were appointed in the third (3rd) phase and the writ respondents stayed the process of appointment of third phase by an order dated 12.05.2015, however they joined in the service on 09.05.2015. Appellate Division is inclined to dispose of the leave petition on the following observations and directions:
i) the impugned judgment passed by the High Court Division is set aside.
ii) the writ petitioners who were joined in the service before 12.05.2015 are entitled to get the salary and other benefits as per the terms of letter of appointment (contract) for a period of 03(three) years, if they actually rendered their service in the said period;
iii) the writ-respondents are directed to take positive steps to implement the above observations. .....Government of Bangladesh =VS= Md. Ziaur Rahman, (Civil), 2024(2) [17 LM (AD) 586] ....View Full Judgment