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Friday, 25 July 2008

Govt appeals to stay HC order

Staff Correspondent

The government Thursday appealed to the Appellate Division to stay a High Court order on permanent appointment to 10 judges, whose services were not confirmed during the alliance government.

Advocate Khalequzzaman filed the appeal Thursday on behalf of the government.
The HC on July 17 directed the government to give permanent appointment within one month to the 10 judges: Abdus Salam, Mamtaz Uddin Ahmed, Shamsul Huda, Faruque Ahmed, Morzi Ul Haque, Abdur Razzak, Hasan Foyez Siddiqui, AHM Shamsuddin Chowdhury Manik, Abdul Hye and Nizamul Haq Nasim.
At the same time, the HC recommended seniority for the judges from the time of their appointment as additional judges.
According to the HC verdict, the period from when the 10 judges left jobs to the dates of joining will be considered as 'special leave without pay' and they would enjoy seniority.
Advocate Idrisur Rahman on behalf of Justice Abdus Salam and Justice Mamtaz Uddin Ahmed filed the writ petition on Feb 4, 2003 challenging the legality of the government not giving the judges permanent appointment.
On May 4, 2003, the HC issued a rule asking the government to explain why the decision to give the judges permanent appointment would not be declared illegal and why the government would not be directed to reverse its decision.
Later, advocate Abdul Awal filed another writ petition on behalf of the judges. The HC also issued a similar ruling.
Abdus Salam and Mamtaz Uddin Ahmed were appointed as additional judge on Oct 24, 1999. Their tenure was extended by one year after two years in service. Their service was discontinued on Oct 22, 2002.
Justices Shamsul Huda, Faruque Ahmed, Morzi Ul Haq, Abdur Razzak, Hasan Foyez Siddiqui and Abdul Hye were appointed as additional judge on Feb 22, 2001. Their service was discontinued on Feb 22, 2003.
Justices AHM Shamsuddin Chowdhury Manik and Nizamul Haq Nasim were appointed as additional judge on July 3, 2001. The government discontinued their service on July 3, 2003.

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