(Special Original Jurisdiction)
Naima Haider J }
Zafar Ahmed J }
Sirajul Islam Siddiquy,
(Md)………..Petitioner
vs
Bangladesh represented by the Secretary, Ministry of Liberation War Affair’s, Sarkari Paribahan Pool Bhaban, Secretariat Link Road, Dhaka and others …..Respondents.
Judgment May 24th, 2018
Public Servant (Retirement) Act (XII of 1974)
Section 4A
The petitioner being a freedom fighter is entitled to get extension for one year and can work until he attains the age of 60 years.
……….. .in order to verify the authenticity of the freedom fighter’s certificate of the petitioner which was issued to him, the petitioner could not submit his certificate at the time of entry into service. For no fault of the petitioner, the petitioner has suffered and is unable to continue with his service for one more year and retire at the age of 60 years under the provision of Section 4A of the Public Servants (Retirement) Act, 1974 (as amended in 2013).
…… (20 & 19)
ABM Altaf Hossain, Advocate-For the Petitioner
Md. Mokleshur Rahman, DAG-For the Respondents.
Judgment
Naima Haider J : In this application under Article 102 of the Constitution of the People’s Republic of Bangladesh, a Rule Nisi was issued calling upon the respondent to show cause as to why the inaction of the respondents in issuing (???????????? ??? ? ???????? ????) on the basis of recommendation of ?????? ? ????/?????? ?????-????? ????? dated 20-3-2017 and publishing the official gazette including the name of the petitioner as a freedom fighter and as to why a direction should not be given upon the respondents to extend the retirement age of the petitioner as per the provisions of Public Servant’s (Retirement) Act, 1974 (as amended-2GB) and/ or pass such other or further order or orders as to this Court may seem fit and proper.
2. The facts necessary for disposal of the Rule, in brief are:
The petitioner was appointed as second class gazetted officer by a recruitment notice vide memo dated 8-1-1989 issued by the Department of Relief’ and Rehabilitation. Subsequently, the petitioner joined his service on 4-2-1989 and since then he has been performing his duty with good reputation.
3. The petitioner is a freedom fighter who fought for independence of Bangladesh during liberation war in 1971. He declared himself as a freedom fighter at the time of entry in his service. But he could not submit his freedom fighter’s certificate as he had to surrender the same to the Office of Bangladesh Mukti Joddha
Sangsad and Chief Martial Law Administrator in order to verify the authenticity of the freedom fighter certificate of the petitioner issued under the signature of General “Mohammad Ataul Goni Osmani”.
4. The respondent No.5 earlier issued a letter vide memo dated 16-6-2010 and published the list of the freedom fighters who have been working as their employees, in which the name of the petitioner appeared at serial No.8 and the same was forwarded to the respondent No. 2 for issuance of freedom fighter’s certificate (???????????? ??? ? ???????? ????).
5. Subsequently, a notification vide dated 12-1-2017 was published under the signature of the respondent No.7. Subsequently, the petitioner collected the ???????????? ?????-????? form and submitted the photocopy of his freedom fighter’s certificate issued under the signature of Mohammad Ataul Goni Osmani along with other relevant certificates issued at several dates before the ?????? ? ????/?????? ?????-????? ????? All the certificates have been issued in the name of the petitioner in order to declare him as a genuine freedom fighter under the signature of the Chairman of Central Command Council, Bangladesh Mukti ]oddha Sangsad, APS to the Chief Advisor of Bangladesh Mukti ]oddha Sangsad, Secretary General of Central Command Council, Bangladesh Mukti oddha Sangsad. Commander of Dhaka District Unit Command, Bangladesh Mukti oddha Sangsad, Upazilla Deputy Commander, Dhamrai Upazilla Command, Chairman of 5, Baishakanda union Parishad on several dates before ?????? ? ????/?????? ?????-????? ?????
6. After scrutinizing the relevant documents of the petitioner, the ?????? ? ????/?????? ?????-????? ????? Dhamrai, Dhaka recommended the petitioner as freedom fighter vide memo dated 4-5-2017 containing Serial No. 253 which was forwarded to the respondent No.7. The petitioner earlier submitted an online application before the concerned authority on 31-7-2014 for getting freedom fighter certificate.
7. After receiving the certificate, the petitioner received the report of the ?????? ? ????/?????? ?????-????? ????? and he found that the date of birth was recorded as 1-2-1958 instead of 1-6-1959. Subsequently, on 23-1-2018 the petitioner made an application to the UNO/ Member Secretary of the ?????? ? ????/?????? ?????-????? ????? through email for correcting the same.
8. Respondent No.7 received the ?????? ? ????/?????? ?????-????? ????? ????????? which included the name of the petitioner as genuine freedom fighter on 7-5-2017 but the authority concerned did not take any action to issue ???????????? ??? ? ???????? ???? on the basis of recommendation of ?????? ? ????/?????? ?????-????? ????? dated 20-3-2017 and for this, the petitioner is being deprived to get the benefit of retiring at the age of 60 years as per the provisions of Section 4A of the Public Servants (Retirement) Act, 1974 (as amended 2013) just like any .other freedom fighters.
9. Being aggrieved by and dissatisfied with the inaction of the respondents, the petitioner has moved this Court and obtained the instant Rule Nisi.
10. The Respondents did not file any affidavit-in-opposition controverting the statements made in the Writ Petition.
11. Mr ABM Altaf Hossain, the learned Advocate appearing on behalf of the petitioner submits that the petitioner is entitled to get the benefit to at 60 years as per the provisions of Section 4A of the Public Servants (Retirement) Act, 1974 (as amended 2013) like any other freedom fighters. He further submits that the petitioner got the freedom fighter’s certificate issued under the signature of General Mohammad Ataul Gani Osmani and subsequently the ?????? ? ????/?????? ?????-????? ????? recommended the name of the petitioner as freedom fighter on 20-3-2017.
12. We have perused the writ petition, its annexures and other materials on record placed before us.
13. It transpires from the record that the petitioner was appointed as second class gazetted officer vide memo dated 8-1-1989 issued by the Department of Relief and Rehabilitation. Subsequently, the petitioner joined his service on 4-2-1989 and since then he has been performing his duties.
14. Annexure-B reveals that on 16-6-2010, the respondent No. 5 published a list of the freedom fighters who have been working as their employees in which the name of the petitioner was included at serial No.8 and the same was forwarded to the respondent No.2 for issuance of freedom fighter’s certificate (???????????? ??? ? ???????? ????).
15. It is vital to note that on 4-5-2017, the ?????? ? ????/?????? ?????-????? ????? Dhamrai, Dhaka termed the petitioner as freedom fighter which appeared at Serial No. 253, but the date of birth of the petitioner was recorded as 1-2-1958 instead of 1-6-1959.
16. Subsequently, on 23-1-2018 the petitioner made an application to the UNO / Member Secretary of the ?????? ? ????/?????? ?????-????? ????? through email for correcting the same.
17. For proper adjudication the said recommendation dated 4-5-2017 which was signed by ?????? ? ????/?????? ?????-????? ????? on 20-3-2017 is quoted under:
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18. We have taken into account that although the Respondent No. received the ?????? ? ????/?????? ?????-????? ????? ????????? which included the name of the petitioner as genuine freedom fighter on 7-5-2017 but the authority concerned did not take any steps to issue ???????????? ??? ? ???????? cÎ on the basis of recommendation of ?????? ? ????/?????? ?????-????? ?????.
19. It is admitted fact that during liberation war in 1971, the petitioner taught for independence of Bangladesh and freedom fighter’s certificate under the signature of General “Mohammad Ataul Gani Osmani” which was surrendered by him to the Office of Bangladesh Mukti Joddha Sangsad and Chief Martial Law Administrator. It is to be noted that in order to verify the authenticity of the freedom fighters Certificate of the petitioner which was issued to him, the petitioner could not submit his certificate at the time of entry into service. For no fault of the petitioner, the petitioner has suffered and is unable to continue with his service for one more year and retire at the age of 60 years under the provision of Section 4A of the Public Servants (Retirement) Act, 1974 (as amended in 2013). For ready reference the said section is quoted under:
4A. Retirement of freedom fighter.-(l) Notwithstanding, anything contained to the contrary in Section
4, a public servant, who is a freedom fighter, shall retire from service on the completion of the (sixtieth year) of his age.
20. Against this backdrop, this Court is of the view that the petitioner being a freedom fighter is entitled to get extension for one year and can work until he attains the age of 60 years.
21. As no affidavit-in-opposition has been filed controverting the statements made in the writ petition, the assertions so made are deemed to be correct.
22. In view of the above discussions, made hereinbefore, we are inclined to dispose of the Rule.
23. Accordingly, the Rule is disposed of with the observations made in the body of the judgment.
24. The respondents are further directed to issue ???????????? ??? ? ???????? ???? on the basis of recommendation of ?????? ? ????/?????? ?????-????? ????? dated 20-3-2017 and publish an official gazette.
25. No order as to costs.
Communicate the judgment and order at once.
