No OSD for more than 150 days: HC

Appointing civil servants as Officers on Special Duty for more than 150 days without assigning  any duty was declared as ‘illegal’ by the High Court Division on Wednesday in a land mark verdict.

A bench of Justice Zubayer Rahman Chowdhury and Justice Sashanka Shekhar Sarkar also directed the public administration ministry secretary to form a high-power committee to give due promotions to such OSDs  within 90 days. 

The bench pronounced the verdict after disposing of a public interest litigation writ petition filed by retired civil servant and columnist M Asafuddowlah in June 2012 challenging the legality of making civil servants OSDs for indefinite periods longer than 150 days violating the circular issued by the government on October 3, 1991.

The petitioner’s lawyer Aneek R Haque submitted that from 2008 to  May 29, 2012 ,  the government made  591 officers in the ranks of secretaries, additional secretaries, joint secretaries, deputy secretaries, senior assistant secretaries and assistant secretaries as OSDs.

He also submitted that according to the government’s report Tk 1.09 crore was paid as salaries to these officers by keeping them idle with no work.

Quoting a Janakantha report Asafuddowlah submitted that 978 officers were made OSDs during BNP-Jamaat rule.

The government’s circular stipulates that an officer can made OSD for the maximum period of 150 days.

In Wednesday’s landmark verdict, the High Court Division said making any officer OSD for more than the stipulated period was illegal.

The verdict, Aneek R Haque told New Age, said the keeping any officer OSD for long with no duty socially stigmatizes the officer. 

The verdict also said that the government misused the taxpayers’ money by paying salaries to OSDs in violation of Article 20(2) of the Constitution.

The Constitution stipulate, ‘The State shall endeavour to create conditions in which, as a general principle, persons shall not be able to enjoy unearned income, and in which human labour in every form, intellectual and physical, shall become a fuller expression of creative endeavour and of the human personality.’ 

Aneek said that the writ petition was filed to stop the practice of making brilliant civil servants OSDs without any duty for long periods after change of government. 

Officers considered not loyal to the ruling party are usually dumped as OSDs without any duty to create frustration to the victims, affected civil servants told New Age.

They said that these OSDs had been denied promotions on political considerations.  

News Courtesy: www.newagebd.net