Deputationist teachers of capital: IHC maintains status quo in case of repatriation

ISLAMABAD: The Islamabad High Court (IHC) Monday maintained status quo in the case of repatriation of deputationist teachers of the federal capital.

A single bench of Chief Justice Athar Minallah issued the directions while hearing the petitions filed by Kausar Perveen and others under the wedlock policy through her counsel, GM Chaudhry.

During the hearing, the IHC CJ remarked that male and female teachers who had come here on deputation kept on serving in Islamabad for 15 to 20 years but no one raised any objection over them.

He further said that the Federal Directorate of Education (FDE) showed haste in issuing the orders for sending them back to their native towns.

He ordered that till the next hearing, the FDE should not only study the court decision regarding deputation, minutely but also Director General (DG) FDE Ikram Ali should file an affidavit in the court containing the information that how many people were merged from 2006 to 2021 and what criterion was practiced in this respect.

The lawyers informed the bench that the FDE overlooked wedlock policy law entirely and due to which several families were affected.

On the other hand, the constitution guarantees the protection of rights of women and children. GM Chaudhry Advocate said that Article 25/3 guarantees that the protection of rights of children and women will be ensured.

But FDE misinterpreted court’s orders regarding deputation and issued orders for repatriation of 250 male and female teachers including his client from Islamabad.

This act runs contrary to the law and constitution.

He told the court that it is very difficult for the women to do job but the FDE has made it more difficult.

Advocate Ali Nawaz Kharal argued before the court that no male or female employee can be kept away from their family members.

In court’s decision the wedlock policy was not touched.

Justice Minallah asked director law Azam Gakhar to read out the paragraph wherein the court by deviating from wedlock policy has ordered to repatriate the teachers to their native towns.

However, the Director Law remained silent over it.

While expressing displeasure, the bench remarked that the teachers cannot be left at your mercy. When the wedlock law is in place then why the teachers who were serving since long periods were ordered to be repatriated. If their stay in Islamabad was illegal then who was responsible for it. The FDE took what action against them. Ali Nawaz Kharal told the court that on the one side, the orders for repatriation of 250 teachers from Islamabad were issued and on the other side, through an advertisement it was asked to appoint 400 more teachers on deputation in Islamabad. Kharal presented the advertisement before the court. The IHC CJ asked from FDE director law that where is that rule that the people should be asked to go back after 15 years of their service and new people should come.

Copyright Business Recorder, 2021