W. P. No. 2939 of 2022

27.02.2024

             Present:

Mr. Justice Jahangir Hossain

       and

Mr. Justice SM Masud Hossain Dolon

None appear,

               ...... For the Petitioner.

Mr. Nawroz Md. Rasel Chowdhury, D.A.G. with

Mrs. Afroza Nazneen Akther, A.A.G. with Mrs. Anna Khanom (Koli), A.A.G with

Mr. Prince Al-Masud with

Mr. Al Mamun, A.A.G

..... For the Respondents-government.

The matter appeared in the cause list as “part heard”. But when the matter is taken up for hearing none appears on behalf of the petitioner to press the Rule.

At the time of hearing Mr. Prince Al- Masud the learned Assistant Attorney General filed one affidavit-in-opposition and submits that there is no vacancy in the post of Assistant Teacher (Social Science) in G.S. Girls High School and as per provision of Nitimala 2021. The petitioner has no legal right to claim MPO and as the benefit of MPO is the policy decision of the Government, no one can claim this right beyond the relevant Laws and Nitimala and as the petitioner’s claim is against the Nitimala 2021, there is no scope to consider prayer of the petitioner.

We have perused the records; it appears from annexure-‘E’ submitted by the petitioner that this post is newly created post and as per the affidavit in opposition

there is no sanction from the proper authority for the post. 

However, since the petitioner did not appear before the court at the time when the matter was taken up for hearing, we are unable to dispose of on merit.

Accordingly, the Rule is discharged for default.

Communicate the order at once.

Bonoraj-Abo