Bangladesh Agriculture Development Corporation (BADC) Service Regulations, 1990 | Case Reference

Bangladesh Agriculture Development Corporation (BADC) Service Regulations, 1990

Appointment of an employee create a vested right in him which cannot be changed- Chairman, Bangladesh Agricultural Develop-ment Corporation (BADC), Dhaka vs. Chowdhury Md. Mahfuzul Islam and others (2003) 23 BLD (AD) 147. Paragraph-24 of the case referred: There is no right of promotion but it is also true that an employee has a right to be considered for promotion which is a condition of his service. Article 133 of the Constitution gives the authority power to regulate the appointment and service conditions of persons in the Service of the Republic. But it does not give power to prohibit promotion beyond the provision of law. The term "regulate" is not complementary to the term "prohibition". Therefore, none of the provisions of BADC Service Regulations, 1990 is to be read to impose prohibition on the promotion of the writ- petitioner-respondent to the post of the Superintending Engineer as a right has already accrued to him under BADC Service Regulations, 1968.

The service rules in existence at the time of appointment of an employee create a vested right in him which cannot be altered/ changed subsequently to his disadvantage. Bakhrabad Gaz System Ltd. =VS= Md. Shamsul Alam, [7 LM (AD) 153]