Surplus Public Servant Absorption Ordinance [XXIV of 1985] | Case Reference

Surplus Public Servant Absorption Ordinance [XXIV of 1985]

Section 2(C)-A person becomes surplus when his post is abolished. The decision of abolition of the post of an individual employee or his department as a whole is a vital issue in this case. Mahbubur Rahman vs State, 64 DLR 265

Section 2(C)-Term "surplus public servant" as defined in the Ordinance, 1985 and the expression চাকুরীচ্যুত কর্মচারী as mentioned are not legally the same expression. A surplus employee does not necessarily loose his employment because of abolition of his post. He may get the benefit of absorption under the Ordinance 1985. On the other hand a চাকুরীচ্যুত কর্মচারী will not get the said benefit of absorption. Mahbubur Rahman vs State, 64 DLR 265

Section 5(2)- No absorption can be made without authorization of the Ministry of Establishment. The primary responsibility of the absorption process is with the Ministry of Establishment and not the Land Ministry. Mahbubur Rahman vs State, 64 DLR 265