The High Court (HC) on Sunday issued a rule upon a writ petition filed by Director of Geological Survey challenging minimum age of freedom fighters.
The court wanted to know in the rule as to why the amended circular of the Ministry of the Liberation War Affairs fixing 12 years six months as the minimum age of a freedom fighter as on November 30
in 1971 should not be declared to have been done without lawful authority.
The HC Bench of Justice Moyeenul Islam chowdhury and Justice Md Ashraful Kamal passed the order after primary hearing on a writ petition challenging the circular of the Ministry.
Secretaries of the Ministry of the Liberation War Affairs, Ministry of Power, Energy and Mineral Resources and Ministry of Finance, Director General of Jatiya Muktijoddha Council, Joint Secretary of Ministry of the Liberation War Affairs and Director General of Geological Survey of Bangladesh have been asked to comply with the rule within four weeks.
Director of Geological Survey of Bangladesh Mahmud Hasan filed the writ petition with the High Court.
Advocate A B M Altaf Hossain took part in the hearing on behalf of the petitioner, while Deputy Attorney General Akramul Hoque Tutul stood for the state.
The Ministry of Liberation War Affairs issued a circular in 2016 on the minimum age of the freedom fighters. The minimum age of a freedom fighter would be 13 as on March 26 in 1971, the circular said.
Later the Ministry amended the circular saying that the minimum age of a freedom fighter would be 12 years and 6 months as on November 30 in 1971.
Writ petitioner Mahmud Hasan joined Geological Survey Department on June 26 in 1988 on freedom fighter quota. As per his birth date, his age was 12 years 4 months and 12 days as on November 30 in 1971.
In this circumstances, the Geological Survey Department on March 2 in 2018 noticed him that he would be 59 years old on July 17. So, as per rule, he would have to go on pre-retirement leave (PRL).
Later, the Ministry of Power, Energy and Mineral Resources noticed him that his age is not consistent with the latest circular of the Ministry of Liberating War Affairs on the age of the freedom fighters.
Petitioner’s lawyer said, a freedom fighter will get chance to continue his job till his 60 as per Public Service Retirement Act 1974. So, the office order, which was given to him, is contrary to the law.
