Government of the People's Republic of Bangladesh

Directorate of Food
Legal Adviser Office
16, Abdul Gani Road,
Dhaka www.dgfood.gov.bd
Date: 10 Falgun 1426 23 February 2020 Memo No- 13.01.0000.035 08.08.11-60

"order"

Since, Mr. Md. Tahar Uddin, total 47 employees including low level assistants, 40 low level
assistants/typists of Food Directorate were deprived of promotion after reorganization of food
department. The 48 inferior assistants who were denied promotion filed this case no-26/1999 in the
Administrative Tribunal for recovery of their rights. At the end of the hearing of the learned court, the AT
case No. 26/1999 was ordered that, "Then the case No. 26/99 is partially allowed without cost after the
two-sided hearing against the opponent. Within 120 working days from the date of announcement of this
judgment to the opponent, by revising the recruitment rules mentioned in the candidates' RG, according
to the previous recruitment rules, the candidates were promoted to 20% quota of the vacant post of Sub-
Food Inspector last 01/01/1984 AD. The respondents were directed to grant promotion to the post of Sub-
Food Inspector on the basis of seniority on the basis of availability as per the stated quota of vacancies
created in the said post after date”; Since the judgment of AT Case No. 26/99 was not implemented, the
plaintiffs were again aggrieved in Implementation Case No. 01/2005 (AT

Arising from Case No- 26/99) filed. Before the hearing of the learned Court, the execution case No.
01/2005 was ordered that, "Order No.

60, Date: 18/01/10 AD. On behalf of the candidate, for the reasons stated, the candidates were notified on
17/03/2004 AD. Judgment dated 01/01/1984 AD. The respondent is directed to pay all the benefits
including promotion financial benefits received in view of grant of seniority from date and post-judgment
to the 9 candidates who have been superseded”; [4:39 PM, 10/14/2023] ahammedeftakhar: Adversaries
were instructed"; the plaintiffs again aggrieved by non-implementation of judgment in AT Case No- 26/99
filed Implementation Case No- 01/2005 (arising out of AT Case No- 26/99). Hearing of the learned Court.
Finally, in Implementation Case No. 01/2005, "Order No. 60, Dated: 18/01/10 A.D. Directing the opposite
party to pay all the promotion financial benefits received to the candidates for the reasons stated in the
application filed on behalf of the candidates. is”;

since, 17/03/2004 AD. Judgment dated 01/01/1984 AD. Dated facilities and subsequent implementation of
the judgment along with the subterfuge of the 9 candidates since later Order No. 66, dated 19/07/10 A.D.
"The implementation case filed by the opponent on 16/04/10 AD. Written letter dated 05/02/2009 AD of
Department of Food and Agriculture. Sarak No. 164 dated 22/02/2010 AD. On perusal of memorandum
No. 76 and other memorandums annexed to the document, it appears that this is the implementation of
the judgment and order dated 17/03/2004 A.D. in Case No.-26/99. The petitioners stated during the
hearing that their dues were not paid. In the above circumstances, it appears that there is no need to keep
this case pending. This implementation case was settled in the presence of both parties”;

Since later, in view of the implementation case No-01/2005 (arising out of this case No-26/99) filed by 48
office assistants of the Food Directorate, the employees who were deprived of promotion due to non-
promotion or complications in the promotion despite the revision of the recruitment rules of the Food
Directorate. Again referring to Article 102 of the Constitution, 27 people filed Writ Petition No. 1057/2011.
The learned court ordered at the end of the hearing that, "However, the fact remains that Annexure- S. S.
1 and S. 2 respectively to the writ petition the respective orders so issued by the respondents concerned,
(vide which the seniority of

[4:40 PM, 10/14/2023] ahammedeftakhar: “However, the fact remains that Annexure- S, S. I and S. 2
repectively to the writ petition the respective orders so issued by the respondents concern, (vide which
the seniority of the petitioners have been given effect from 01.01.1984), are still in operation; as such, it is
the

chronological consequence that the petitioners should be given corresponding pay scale so far the post of
Sub.Inspector of Food is concerned, which according to the learned Advocate for the petitioners have
been denied till date. The said contention has not been disputed by the respondent No.5.
Be that as it may, for the cause of justice and equity the respondents concern should consider to
look into the matter of the petitioners so far giving corresponding pay scale and other service benefits
attached with the post of sub-Inspector of Food in accordance with law within a period of 3 (three)
months from the date of receipt of the copy of this judgment and order"

[4:42 PM, 10/14/2023] ahammedeftakhar: As against the order in Writ Petition No. 1057/2011 Civil
Petition for Li - 2400/2016 filed by the Govt.

Priced. Wedding ginger 2/02/201 AD. Ordered on the date that, "The leave petition is out of time by 142
days but the explanation offered seeking condonation of delay is not at all satisfactory. Accordingly, the
civil petition for leave to appeal is dismissed as barred by limitation" C Petition No- Civil Review Petition
No. 36/2012 was filed on behalf of the Government against the order dated 25/2016. The learned court
last 29/12/2019 AD. Ordered on the date - "The petition is out of time by 343 days but the explanation
offered seeking condonation of delay is not at all satisfactory. Accordingly, the civil review petition is
dismissed as barred by limitation".

WHEREAS, the plea of the petitioners, the A.T. Execution, Writ, Cpl. A. According to the judgment order of
the civil review case, according to the order of the writ petition no. It was decided to settle the matter by
paying the pay scale and service dues and other financial benefits as per the rules for the post of
Subsidiary Inspector from date;

At the same time, according to the order of Writ Petition No. 1057/2011, Mr. Md. Tahur Uddin, Subsidiary
Inspector (retired), Utthani Daptar, Manikganj Sadar, Manikganj and 27 other plaintiffs were ordered to
appear on 01/01/1984 AD. It is directed to pay scale of pay corresponding to the post of Subsidiary
Inspector and other financial benefits along with service dues as per rules from date.

(Sarowar Mahmud)

Director General

Directorate of Food, Dhaka.

Email- de@defood.gov.bd
Memorandum No. 13.01.0000.033,08,014, 11-150 (6) 10 Falgun 1426

Date: 23 February 2020

Copy courtesy/for:-

01. Secretary, Ministry of Food, Bangladesh Secretariat, Dhaka.

02. Director, Administration/Accounts & Finance Division/Traffic Storage & Silo Division, Directorate of
Food, Dhaka.

03. Chief Miller, Government Modern Flour Mill, Postgola, Dhaka.

04. The main yoga management mother was then in Dhaka

05. Regional Food Controller, Dhaka / Khulna / Sylhet / Rajshahi.

06. Chief Controller, Dhaka Rationing, Dhaka.

07. Divisional Controller of Accounts, Khulna.

08. Dhaka / Narayanganj / Habiganj / Natore / Manikganj Khulna.

09. District Accounts Officer, Narayanganj/Manikganj.

10. Manager, Dhaka CSD, Dhaka/ Khulna CSD, Khulna.

11. Upazila Accounts Officer...........................................

12. Upazila Food Controller,...........................................

13. Mr. ……………………………………………………………………….

14. Office Copy.

15. Master Copy.

Legal Adviser (Deputy Secretary)

Directorate of Food, Dhaka.

Plaintiffs' Eleventh Appeal

Source: Plaintiffs Application Dates 8/3/2020, 18/03/2020, 21/06/2020, 23/05/2021, 17/10/2021,

14/12/2011, Sir, 23/02/2022, 24/ 07/2022, 15/11/2022, 12/04/2023.

Director General Food Directorate, Dhaka.

along with

Subject: The judgment of the Writ Petition No. 1057/11 filed in the Hon'ble High Court and the order No.
60 dated 23/02/2020 AD of the learned Legal Adviser Office signed by the Director General of Food, the
direction sought by the Chief Controller, Dhaka Rationing and in the context of the petition referred to by
the plaintiffs.

In view of the application mentioned in the appropriate matter and source, it is mentioned that, 1.
Reorganization of Food Department i.e. prior to 1/1/1984 the promotion and pay scale of inferior
assistants in Food Directorate and Mafswal Offices were different. At that time there were two gradation
lists for the promotion of inferior assistants in Food Directorate and Mofswal. The lower grade assistants
in the food department were promoted to higher grade assistants in the pay scale of Rs.370-745/-. On the
other hand, the inferior assistants in the revenue office were promoted to the senior assistant post in the
pay scale of Rs.325-610/-. Before the restructuring, there were a total of 262 sanctioned posts of low
grade assistants in head office. 215 people were working. The 5-member restructuring committee
recommended absorption of 177 inferior assistants as Sub-Food Inspectors in the pay scale of Rs.325-
610/- on the basis of seniority. But without implementing the recommendations, the authorities
assimilated 128 people instead of 177 as Sub-Food Inspectors in the pay scale of Rs.325-610/-. Remaining
215-128=87 were not assimilated and were assimilated in low grade Assistant cum Mudraksharika posts.
As a result of assimilation, 48 out of 87 were deprived of all government facilities including promotion, 128
filed a case 26/99 in the Administrative Tribunal to get all the facilities like that of Subsidiary Inspector
from 1/1/1984. After a long trial, the judgment was delivered on 17/03/2004 AD. a) According to the
judgment

a) As per judgment in case 26/99 Administration Department vide memorandum No. 1065(800) dated
06/08/2008 AD promoted the candidates in the case to the post of Deputy Food Inspector. b) Later on the
administration department according to the judgment of the case

No. 1222(180) dated 08/10/2001 AD and No. 1329(40) dated 08/11/2009 AD No. 26/99 of this case
candidates were granted seniority from 01/01/1984 AD. (c) Serial No. 18/1 to 18/40 and 22/1 to 225/ in
the sub-food inspector's gradation list vide memo No. 1160 (100) dated 27/08/2007 A.D. to case
candidates in view of seniority.

No. is included in sequence. d) As per the application of the candidates in the case they were given
seniority with effect from 01/01/1984, but the salary of Food Inspector was not fixed in the pay scale of
Rs. Promotion even after collecting all information including ACR
204 persons vide order No. 1485(800) dated 08/02/2009 and 27 Subsidiary Inspectors vide order No.
1485(100) dated 28/11/2010 were promoted to Food Inspectors excluding the plaintiffs. Plaintiffs in the
writ suit 27 Subsidiary Inspectors were Subsidiary Inspectors with effect from 01/01/1984 AD.

On the date other service benefits attached with the post of sub inspector of food all the facilities related
to the judgment has been given. According to the judgement, the plaintiffs were "with effect from
01/01/1984 A.D. in the same pay scale of the post of Subsidiary Inspector and in accordance with other
pecuniary benefits including service arrears.

A Writ Petition 1057/11 was filed in the Hon'ble High Court as the post scale was deprived of pay scale,
time scale, promotion to the post of food inspector, pay scale, time scale etc. The case was decided on
15/09/2015. The defendant filed an appeal and review against the judgment. The judgment is upheld in
favor of the plaintiff on appeal and review. Corresponding pay scale and

In order to pay accordingly, the Director General of Food issued an order vide memorandum No. 60(69)
dated 23/02/2020 A.D. from the office of the learned Legal Adviser under the signature of Mr. Food

1. Among the plaintiffs, Mr. Md. Shahnewaz, working in the Dhaka Rationing Office, chief controller filed
an application for taking necessary measures to pay the dues along with all the records for determining
the salary. Director General vide memo No. 2132 dated 20/12/2020 seeking direction to the Chief
Controller, Dhaka rationing in view of the application.

Sent letters along with food.

3. On the other hand, the plaintiffs also applied to the Director General of Food on the date mentioned in
the source for taking the proceedings of the order issued. It is stated in the petition that according to the
judgment of the Hon'ble High Court issued by the Director General of Food

Order No. 60(69) dated 20/02/2020 to the plaintiffs, 01/01/1984 AD. Directs payment of pay scale and
other financial benefits as per rules along with service arrears for the post of Subsidiary Inspector with
effect from date. In this order

Only the time and all facilities similar to those of the Subsidiary Inspectors dated 1/1/1984 have been
mentioned to the plaintiffs. Pay scales, time scales etc. have not been mentioned for fixing the pay of the
plaintiffs. Wherefore the plaintiffs applied on the date mentioned in the sources for issuing order by name
specifying the pay scale, time scale and promotion etc. for fixation of their pay. 81 20/02/2020 AD. The
plaintiffs met the officers at all levels including the Director General Food several times to issue
administrative orders pursuant to Order No. 60 dated Despite the assurance of issuance of administrative
orders during the meeting, basically no effective measures were taken. Which is nothing but a waste of
time. Even the Chief Controller Dhaka rationing has given the desired directions

did not

5. The plaintiffs again last 03/10/2020 AD. On the date Director General met Mr. During the interview he
gave oral instructions to file the details of the amount of money the plaintiffs would be entitled to.
According to the instructions the plaintiffs 15/11/2012 AD. The date of application has been informed. But
without taking any action again on the matter on 14/03/2023 AD. In memorandum No. 318, the plaintiffs
in the case issued a letter in favor of the plaintiffs seeking details of what benefits they would be entitled
to. Plaintiffs as per demand 12/04/2023 AD. Submits details of benefits received on date. Thus various
information data requested supply etc. issued on 20/02/2020 AD. Almost 4 (four) years are going to pass
today from order No. 60 only to issue an order in response to the direction letter sought by CCDR Dhaka.
Plaintiffs do not understand why the delay is being made in spite of clear orders. The plaintiffs are senior
citizens. Unable to move due to age. In the meantime, 06 of the 27 (twenty seven) plaintiffs have died. All
but the remaining 2/3 are sick. So how many more people will die and benefit from this? Finally at Serial
No. 05

In the details of benefits due to the said plaintiffs, it is mentioned that the statement of account filed is not
final. The accounts of the plaintiffs shall be deemed to be the final accounts if they are submitted to the
Accounts Office in the form of bills through the working office of the plaintiffs. In this situation, according
to the judgment of His Highness High Court, issued by the Director General Food on 20/02/2020 AD. In
pursuance of order No. 60 dated the payment of the arrears of the plaintiffs, the salary has to be
determined. In order to determine the salary, an order should be issued referring to the following points

a) 01/01/1984 AD. of the post of Food Inspector, 325-610/ b) 01/01/1984 AD from date. Dated – Rs Pay
Scale, Time Scale etc.

15/03/2000 A.D. to the contemporary and 1986 diet inspectors. 523 (725) dated vide promotion to the
post of Food Inspector, the plaintiffs having seniority on 1/1/1984 as those who were promoted to the
post of Inspector.

As such, the Food Inspector of the said period should be issued an administrative order to pay Rs. 2550-
5550/- pay scale, time scale and promotion. Otherwise the plaintiffs cannot determine the salary.
Therefore

The judgment of the court is in contempt as the judgment of the writ petition No. 1057/11 filed is about 4
(four) years. Therefore, I humbly request for full implementation of the judgment within 07 (seven)
working days of the submission of this application. Otherwise, the plaintiffs will be forced to file a
contempt case for contempt of the judgment of the High Court.

Date:- 03/10/2013 (Md Tahur Uddin)

For the plaintiffs in Writ Petition No. 1057/11
Mobile: 01720090298

Copy: The necessary records have been forwarded to Sir for kind notice and necessary action.

1. Mr. Sadhan Chandra Majumder, Hon'ble Minister, Ministry of Food, Bangladesh Secretariat, Dhaka

2. Mr. Md Ismail Hossain, NDC, Secretary, Ministry of Food, Bangladesh Secretariat, Dhaka.

3. Mr. Md. Mejbah Uddin Chowdhury Senior Secretary, Ministry of Public Administration, Bangladesh
Secretariat, Dhaka.

4. Mr. Fatema Yasmin, Senior Secretary, Ministry of Finance, Bangladesh Secretariat, Dhaka.

5. Mr. Md Golam Sarwar, Secretary, Ministry of Law, Justice and Parliamentary Affairs, Bangladesh
Secretariat, Dhaka.

6. Mr. Mohammad Abu Yusuf, Learned Legal Adviser, Directorate of Food, Dhaka.

7. Mr. Md. Jamal Hossain, Director Administration, Directorate of Food, Dhaka.

8. Mr. Md. Monirul Islam, Deputy Director (Establishment), Administration Department, Directorate of
Food, Dhaka.
 (Md Tahur Uddin)
Inspector of Foodstuffs (Retd.)