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The Supreme Court’s Appellate Division has ruled that government officials and employees who voluntarily retire or resign before completing 25 years of service are not entitled to pension benefits.
The country’s highest court also overturned a previous High Court verdict that had allowed such benefits.
The three-member Appellate Division bench, led by Justice Md. Rezaul Haque, delivered the judgment on March 11. The 28-page full verdict, authored by Justice Farah Mahbub, was published on the Supreme Court’s website on July 9.
In its ruling, the Appellate Division said government service is not merely a short-term source of livelihood but a structured career that requires long-term commitment, discipline, accountability, and institutional loyalty. Allowing pension benefits before the completion of 25 years of qualifying service, the court observed, could undermine the stability and discipline of the civil service.
The court further noted that if employees who resign before completing the required service period were allowed to receive full pension and retirement benefits, many might treat government employment as a temporary means of gaining experience, training, or financial advantages before leaving for personal reasons. Such a practice, it said, could increase early resignations, disrupt workforce planning, and make it difficult to retain experienced officials.
The Appellate Division described the 25-year qualifying service requirement as a reasonable policy aimed at ensuring administrative discipline, long-term dedication, and institutional stability.
According to case records, Mahbub Morshed, then serving as an Additional District Judge, voluntarily resigned in 2011 after completing 19 years of government service. When he later applied for pension and gratuity benefits, the authorities rejected his application, stating that employees who resign before completing 25 years of service are not eligible for pension.
Morshed challenged the decision in the High Court in 2016. In 2021, the High Court declared the relevant provision of Rule 300(A) of the Bangladesh Service Rules (BSR) inconsistent with the Constitution and directed the authorities to grant him pension and other retirement benefits.
The government appealed the verdict, and the Appellate Division allowed the appeal, setting aside the High Court’s judgment. As a result, the existing rule denying pension benefits to government employees who voluntarily resign before completing 25 years of qualifying service remains in force.
Following the publication of the full judgment, Mahbub Morshed told local media that he would review the verdict and may file a petition seeking a review if necessary.