HC can't pass order on govt’s policy decision, says SC

In the full text of a verdict, the Appellate Division of the Supreme Court observed that the High Court cannot pass any order or direction on a matter of administrative policy of the government or any policy-decision matter following a writ petition.
It also observed that upgradation of a post described in the Rules, 1992 is a policy decision of the government.
Similarly, promotion is an administrative decision that rests upon the higher administrative authority of the department concerned based on requisite qualification and satisfactory service record of the candidates.
A three-member bench of the Appellate Division headed by Justice Md Nuruzzaman made the observation after hearing a civil petition for leave to appeal filed by the Local Government Division of the Ministry of Local Government, Rural Development and Cooperatives.
The apex court delivered the short judgment on August 29 this year while the full text has been released on the SC website recently.
According to the judgement, five 'assessors' of different municipalities of the country filed a writ petition with the High Court seeking direction upon the bodies concerned of the government to upgrade pay scale of the petitioners in Grade-X and to pay all arrear dues to the petitioners from the date of their appointment.
"As per rule, if any employee successfully completes five years of service as 'assessor',
he/she is eligible to be promoted to the post of 'chief assessor'; but though the petitioners are serving as 'assessors' for more than five years, they have not yet been promoted to the post of 'chief assessor' because of non-existence of the 'chief assessor' post in the organogram of 'A', 'B' and 'C' category pourashavas (municipalities)."
Earlier two pourashavas namely Tongi and Narayanganj had retained the post of 'chief assessor'; but these two pourashavas are now declared as city corporation.
There are 317 pourashavas in Bangladesh but there exists no post of 'chief assessor' in their organogram.
On several occasions, the petitioners requested the respondents to address the issue; but without any response.
The petitioners served notice for demand of justice upon the bodies concerned of the government to amend the existing organogram in line with the Rules, 1992 but to no avail. Finally they filed writ petition.
Upon hearing the parties, an HC bench asked the government to amend the organograms of 'A', 'B' and 'C' categories of pourashava creating the post of 'chief assessor' and upgrade the scale of 'assessor' and so they (the petitioners) may be promoted as they are qualified 'assessors' to the post of 'chief assessor' preferably within six months from the date of receipt of the judgment.
Feeling aggrieved, the Local Government Division preferred civil petition for leave to appeal against the HC order.
After hearing the appeal petition, the apex court modified the HC order and expunged a part that asked the authorities to upgrade the scale of assessor and so they may be promoted as they are qualified assessors to the post of chief assessor preferably within six months from the date of receipt of the judgment.

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