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IHC suspends repatriation of teacher working on deputation for 14 years

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ZUBAIR QURESHI Justice Mohsin Akhtr Kayani of the Islamabad High Court (IHC) while hearing a case titled Kalsoom Sadiq v/s Assistant Director HR-II has suspended repatriation of the petitioner, a senior teacher of BPS-17, to the Education Department of Azad Jammu & Kashmir. Kalsoom Sadiq has been working in Islamabad Model College for Girls (IMCG) Mohra Nagial (FA) on deputation for 14 years. The said notification has been issued by the Federal Directorate of Education (FDE) on Feb 17, 2020. The notification was first issued in 2016 but was never communicated to the petitioner and was again notified in the form of corrigendum on Feb 17. While suspending the said notification, Justice Kayani observed the counsel for the teacher has assailed the notification on the grounds that the parent department (AJK Department of Education) had issued a No-Objection-Certificate (NOC) on Sept 18, 2013 for permanent absorption of the services of the petitioner. However, according to her counsel, neither the FDE nor the ministry concerned did anything regarding absorption of her services in the FDE, the court observed. The petitioner has served in the FDE for almost 14 years and cannot be repatriated. Besides, the counsel submitted before the court that FDE issued the repatriation order without giving the petitioner an opportunity of hearing, which is sheer violation of the Article 10-A of the Constitution of Islamic Republic of Pakistan. The court after hearing the arguments suspended the notification and issued notices to the FDE and respondents till next date of hearing ie March 27, 2020. The court decision is widely hailed by the teachers on deputation working in various schools and colleges of Islamabad. There are around 400 teachers working on deputation basis at the cost of their seniority and promotion to next scales. Their cases have been considered many times for permanent absorption but no government has taken step in that direction. Recently, FDE has started issuing repatriation orders to these teachers one by one. This has worried many teachers and they have appealed to the government to take steps for their permanent absorption instead of sending them back. “My children are studying at local schools and I am living happily with my husband and family. Repatriation will mean complete disturbance and destruction of my family life,” a lady teacher on deputation said while talking to Pakistan Observer requesting not to be named.

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