High Court Says Accrued Promotion Eligibility Cannot Be Taken Away by Subsequent Service Rules
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| Supreme Court of Bangladesh |
The Court observed that although an appointing authority has the power to amend or replace service regulations, such changes cannot retrospectively extinguish rights or benefits that had already accrued under the previous regulations.
The judgment was delivered on 19 August 2026 by a High Court Division bench comprising Justice A.F.M. Saiful Karim and Justice Khizir Ahmed Choudhury in Writ Petition No. 7022 of 2021. The Judgement has been published on the website of the Supreme Court on 4 October, 2026.
Background of the Case
The petitioners were serving as Sub-Assistant Engineers (Civil) at BARI. Under the 2011 Service Regulations, the post of Assistant Engineer (Civil) was to be filled through promotion from the post of Sub-Assistant Engineer (Civil) after completion of the prescribed five years of service.
The petitioners had completed the required period of service before the 2021 Service Regulations came into force. Three posts of Assistant Engineer (Civil) had also fallen vacant in 2020.
However, the 2021 Regulations changed the recruitment structure for Assistant Engineer (Civil), providing that 33% of the posts would be filled through promotion and 67% through direct recruitment. The petitioners argued that this change adversely affected their previously accrued eligibility for promotion.
Arguments of the Parties
Counsel for the petitioners argued that they had already acquired eligibility for promotion under the 2011 Regulations before the new regulations came into force. Therefore, the subsequent regulations could not be applied retrospectively to deprive them of that eligibility.
On the other hand, the respondents argued that BARI had the authority to amend its service regulations and that completion of the required period of service did not create an absolute right to promotion.
High Court's Observation
The High Court held that the authority may amend or replace service regulations according to law. However, the crucial question was whether a subsequent regulation could be applied retrospectively to take away a right that had already accrued under the earlier regulation.
Referring to several decisions of the Appellate Division, the Court observed that although service rules may be amended, an employee's accrued or vested rights cannot be taken away through retrospective application of a subsequent rule. This includes an already accrued right to be considered for promotion.
Decision of the Court
The High Court found that the petitioners had fulfilled the required qualifying service for promotion before the 2021 Regulations came into force. Their eligibility for consideration for promotion had therefore accrued under the 2011 Regulations.
The Court held that the mere repeal of the 2011 Regulations did not authorize the respondents to retrospectively extinguish that accrued eligibility. Accordingly, the 2021 Regulations could not be applied retrospectively to the petitioners.
Directions of the High Court
The Court directed the respondents to consider the petitioners who had fulfilled the required eligibility criteria before the enforcement of the 2021 Regulations for promotion to the post of Assistant Engineer (Civil) in accordance with the BARI Employee Service Regulations, 2011.
The Court, however, clarified that such consideration would remain subject to the existence of vacancies, suitability and other lawful requirements relating to promotion.
The respondents were directed to complete the process within one month in accordance with law. The Rule Nisi was accordingly disposed of, with no order as to costs.
Legal Principle
A subsequent service regulation cannot be applied retrospectively to deprive an employee of promotion eligibility that had already accrued under an earlier regulation. An authority may amend its service rules, but it cannot retrospectively take away accrued or vested rights.
BD Law Post/Masum
