An eight-member Appellate Division bench headed by the Chief Justice Surendra Kumar Sinha passed the order after the government filed a fresh petition to extend time to comply with it's previous order.
Attorney General Mahbubey Alam told reporters that the court has directed him to ensure the presence of law and justice division Secretary ASSM Zahirul Haque and legislative and parliamentary affairs division Secretary Md Shahidul Haque before the court at 9am on Monday.
In the petition, the government sought two more weeks and informed the court that a summary on the gazette has already been sent to the president through the prime minister. The matter is under process and may take time.
On December 1, the court fixed a deadline and gave until yesterday to issue a gazette notification after finalising the rules. The state had got that time upon a petition citing the law minister and attorney general's foreign visit. On November 24, the court had given a seven-day time for the gazette issuing.
The Appellate Division, with 12-point guidelines on the separation of judiciary from executive, delivered verdict in the much talked Masdar Hossain case on December 2, 1999. The court declared the judicial service independent and dissolved judicial cadre of the Bangladesh Civil Service (BCS).
The judiciary was separated from the executive in November 2007 and the government prepared a draft on related rules. The Appellate Division made some changes in the draft and sent it back to the Law Ministry to issue the gazette notification.
The finalised matter was ordered to be presented before the court on November 6 and then it was shifted to November 24.