The apex court rules that seniority of the employees is to be counted from the date of regularisation of their service and absorbed in the revenue set-up from development projects.
This regularisation depends on the recommendation of Public Service Commission or departmental promotion or selection committee, it also decrees.
A five-member bench of the Appellate Division of the Supreme Court, headed by Chief Justice Hasan Foez Siddique, passed the observation in a verdict.
The judgment was delivered after hearing a review petition filed by some employees who were absorbed in the revenue set-up from a project.
In the verdict released on the SC website, the apex court also said, "This recommendation of the Public Service Commission, undisputedly, is not given within any time frame."
"In many cases, it takes a long time, sometimes years, to give its recommendation or opinion for regularisation of the employees absorbed in revenue set-up. The delay affects seniority of those absorbed in the revenue set-up from development projects."
This aspect should be addressed by the respondents in order to create equal opportunity for all, the apex court also opined in the verdict.
According to the verdict, Sultana Zahid Parvin and other employees of a development project were recruited in the permanent revenue budget considering their efficiency, competency and proficiency.
But the authorities delayed the process of their regularisation.
In the circumstances, the petitioners through a letter on 31 December 2007 requested the authorities to amend the law so the petitioners could get equal opportunity with those recruited directly by the PSC, in respect of promotion and other seniority-related matters.
However, no step was taken for any amendment. Hence, the petitioners invoked a writ jurisdiction under article 102 of the Constitution.
Following the writ petitions, different High Court benches issued rules calling upon the respondents to show cause as to why the respondent's failure to regularise the service of the petitioners until 2006, even after 21 years of their recruitment should not be declared to have been without lawful authority.
After hearing the parties, different benches made the rules absolute by different judgments.
Being aggrieved, the government bodies concerned filed separate civil petitions for leave to appeal before the Appellate Division against the HC verdicts.
Upon hearing the parties and considering the materials on record, the apex court on 08 February 2016 allowed the appeals by majority decision.
Feeling aggrieved, five review petitions were filed with the Appellate Division. Hearing the petitions, the apex court on 28 July 2022 delivered its verdict.
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