Zubair Qureshi
Chief Justice of the Islamabad High Court (IHC) Athar Minallah on Wednesday restrained the Federal Directorate of Education (FDE) from repatriating teachers working on deputation under the wedlock policy in Islamabad’s schools for decades.
While hearing petitions filed by more than 100 petitioners, male and female teachers who have spent years of teaching at FDE schools, Chief Justice IHC Athar Minallah directed the Director General (DG) FDE to appear in person before the court on the next date of hearing, first week of March, and explain why these teachers were being displaced that too under one “cyclo style” type order.
Haven’t you applied your mind when you sent these teachers such “perfunctory” orders, said the judge to the Director Legal of the FDE who insisted the teachers were not civil servants and deputation was meant only for the civil servants. “This shows your ignorance of the definition of civil servants” observed Justice Athar Minallah and directed him to read loudly 20-A of Civil Servant rules.
By all definitions of government rules, these teachers are civil servants and you cannot treat them on your whims, said the judge.
These teachers had challenged the FDE’s orders dated Dec 11, 2020 in which the directorate referring to another judge of the IHC had directed them to leave their schools immediately and report to their respective provinces.
These teachers belong to all the four provinces, Gilgit Baltistan and AJK and had brought No Objection Certificates (NOC) from their parent departments to work in Islamabad under wedlock policy.
Some of them had even lost the right of lien and the FDE orders to report back to their provinces had upset them to the extent that they along with their families and colleagues had been staging protest demonstrations at the D-Chowk.
Chief Justice Athar Minallah asked the FDE’s legal wing head where in the other judge’s judgment was written these teachers should be repatriated.
You not only misled your DG but are trying to mislead this court also, he observed.
The court also observed that FDE was using ‘pick & choose’ policy to regularise some teachers on deputation while leaving the others.
When the court’s attention was drawn to the fact the FDE through advertisements had initiated induction process for fresh teachers on deputation, the judge termed any such process of seeking applications without the consent of provinces would be violation of 18th amendment.
Through your stereo type office order you caused great inconvenience to these teachers and in a way forced them to demonstrate on D-chowk, said the judge.
Later the judge while directing the DG to appear in person and suspending the impugned orders adjourned hearing for two weeks.
While talking to Pakistan Observer the petitioners, most of them lady teachers termed it the happiest moment of their lives. After the orders, we would be able to resume our duties at our schools from Thursday (today), they said.
A male teacher Javed Swati said as per government’s rules wedlock policy is not meant for three years as we see in case of deputation. It is for indefinite period and after today’s order we hope the FDE would revoke all repatriation orders and initiate a process of absorption in accordance with 10% quota policy, further said Javed Swati.
