OSD for over 150 days illegal: HC

The High Court yesterday declared illegal keeping government employees as “officer on special duty” (OSD) for more than 150 days, as the government circular issued in 1991 does not permit that.

Delivering verdict on a writ petition, the court ordered the government to take the officials who have been kept as OSD for more than 150 days back to their original posts immediately after receiving its copy.

The HC also directed the public administration secretary to form a committee headed by a senior secretary to determine the legal fate of such officials and submit a report to this court through its registrar in 90 days after receiving the copy.

Petitioner’s lawyer Barrister Aneek R Haque told The Daily Star that the government will promote the OSD officials who will deserve promotion under the committee’s recommendation and will take appropriate legal action against those found guilty.

He said the government submitted a report to the HC in April last year saying that a total of 964 government employees have been kept as OSD.

The lawyer, however, could not give details about the tenures of their OSD status.

Meanwhile, Deputy Attorney General Amit Dasgupta told this correspondent that the then ministry of establishment (now public administration) issued the circular on October 3, 1991 saying that a government employee can be kept OSD for maximum 150 days.

The HC delivered the verdict yesterday in line with the circular, he added.

The bench of Justice Zubayer Rahman Chowdhury and Justice Sashanka Shekhar Sarkar came  up with the verdict following a petition filed by former secretary Mohammad Asafuddowla in June 2012, challenging the existing system of keeping officials OSD without any reason for an unlimited period.

During the hearing, petitioner’s counsel Aneek Haque told the court that paying salary to the OSD officers is unconstitutional, as per the article 20(2) of the constitution.

Article 20(2) stipulates that the state shall endeavour to create conditions in which, as a general principle, persons shall not be able to enjoy unearned incomes.