Deputationist teachers from Islamabad to provinces: IHC suspends FDE’s order of repatriation

ISLAMABAD: The Islamabad High Court (IHC) on Wednesday suspended the Federal Directorate of Education (FDE)’s order of repatriation of deputationist teachers from Islamabad to other provinces.

A single bench of Chief Justice Athar Minallah halted the repatriation of the teachers and directed the director general (DG) Federal Directorate of Education (FDE) to appear before the court in person on March 16th and inform who is responsible for misinterpreting the court’s order.

The court also directed him to apprise the court, who had issued orders for sending teachers, who have been discharging their duties in Islamabad since long, to their native towns all of a sudden through a stereotype order.

The IHC bench issued these directions, while hearing identical petitions filed by more than 30 male and female teachers.

The FDE had issued orders for their repatriation to their native towns.

The teachers approached the high court and continued their protest against the FDE’s step outside National Press Club and in D-Chowk

During the hearing, the IHC chief justice remarked that no one is there in the FDE to understand law and implement it.

All the deputationist teachers are civil servants.

Director Law Azam Gakhar, while raising objection over it said that deputationist teachers are not civil servant.

The counsel for teachers GM Chaudhry Advocate briefed the court that ad-hoc policy existed and law is also effective.

He added that sending these teachers back to their native towns is against the law.

The chief justice expressing annoyance, over Gakhar’s objection, remarked that you do not know the law at all. Have you even studied the law related to deputation?

It is mentioned therein in clear terms that the civil servants can be posted from one department to other department. But we regret to say that neither you have read the law nor have read the court’s decision.

The court while addressing director law Azam remarked that you are misguiding the court. It maintained that surely you might have misguided the DG as well.

The IHC CJ asked that under what law the further advertisement has been given in the press in connection with the deputation.

The advertisement is flagrant violation of 18th constitutional amendment.

No department is allowed to interfere in provincial matters.

You invited applications from people by giving advertisement.

You committed contempt of court.

While addressing director Law FDE, the judge remarked that you do not know about your legal and constitutional jurisdiction.

The teachers who have served from 1998 to 2021 cannot be declared ineligible through an order based on malafide intent.

“If this order is accepted as correct then we will have to take action against those who kept on giving extension for three years each continuously. Director Law Azam Gakhar said the decision on deputation has opened our eyes.”

Justice Minallah said your eyes are still closed and still you know nothing.

When these female teachers were working here since long and their children are studying here in educational institutions then how you have declared them ineligible for service.

This is the reason that these teachers were forced to stage a protest in D-Chowk against the order based on ill-intent.

The court suspended the orders regarding repatriation of teachers and adjourned the hearing until March 16.

Copyright Business Recorder, 2021