The retirement age of freedom fighters in the public service remains at 60 years as per a judgment of the Appellate Division of the Supreme Court.
The full version of the Appellate Division verdict was published on the Supreme Court website on Sunday (Nov 17).
The full-bench Appellate Division led by Chief Justice Syed Mahmud Hossain had delivered the verdict. Senior Justice Justice Hasan Foez Siddique wrote the judgment while all others judges agreed with the verdict.
In the full verdict, the Appellate Division ruled that the High Court Division had no jurisdiction under the Constitution to direct Parliament to enact or amend laws.
“The Legislature is supreme in its own sphere under the Constitution and it is solely for the Legislature to consider as to when and in respect of what subject matter, the laws are to be enacted,” said the verdict.
On Nov 18, 2018, the Appellate Division in a brief verdict struck down an HC verdict scrapping Public Servants (Retirement) (Amendment) Act 2013 under which freedom fighters’ retirement age from government service was extended to 60 years from 59.
The Appellate Division said in the full verdict, “The High Court Division exceeded its jurisdiction assuming the power of legislature, thereby, extending the retiring age limit of the Freedom Fighters.”
“The High Court Division cannot usurp the functions assigned to the legislature or the executive to exercise their constitutional power in any manner,” it added.
The Appellate Division gave the verdict after disposing of the government’s appeal against the HC verdict.