The rule followed a writ petition filed by a businessman, S Shaifuddin Ahmed Shantu, that challenged Khairuzzaman Chowdhury's holding the office of chairman of the NBR and that of the secretary of Internal Resources Division (IRD) on a contractual appointment after his retirement as a public servant.

According to the existing provision, the NBR chairman also holds the office of the IRD secretary.

Khairuzzaman retired from public service on completion of 57 years of age on February 4, 2002, but the government appointed him as NBR chairman on a contract basis for two years.

After its expiry, the government on January 26, 2004 extended the contract for another year and after the end of the second contract, the government re-appointed him for one more year on February 6 this year.

Barrister Masood R Sobhan moved for the petitioner while Advocate Fatema S Chowdhury assisted him.

The counsel for the petitioner told The Daily Star that according to Section 4 of Public Servant Act, there is no provision of contractual appointment of a public servant after retirement on completion of 57 years of age. But Section 5 (3) of the same act has a provision that provides for appointment of a retired government official on contract in public interest.

He termed the two provisions contradictory and said it is necessary to clarify 'public interest'. "We want to know in what public interest has the government appointed Khairuzzaman to the post of NBR chairman on a contract basis," he said.

He also said the government's appointing retired public servants on contract in such way will infringe rights of government officials still in service.