The Sindh High Court has restrained the provincial education department from terminating the services of former teachers and others employees of the National Commission of Human Development (NCHD) till further orders.The direction came after an undertaking given by a provincial law officer said the petitioners would not be removed from their services till April 6.
The petitioners had approached the court over the failure of the provincial administration to regularise their services following the devolution of the NCHD to the education department.The petitioners’ counsel, Mansoorul Haq Solangi and Imtiaz Ali Solangi, said their clients were employees of the basic education community schools and were bound to be merged into the Sindh education department following the passage of the 18th Constitutional Amendment.
The said the petitioners were not merged despite the undertaking of a parliamentary committee for the implementation of the amendment.The counsel further submitted that the education department had issued an impugned notification on August 11, 2022 violating the clear directions of the court in respect of regularisation of the petitioners’ services.They said the provincial government had failed to determine the status of the petitioners and act upon the decision made by the federal government.
The counsel said the Sindh government through its notifications had asked the petitioners to sign agreements for an extension of their services and such an offer was against the directions of the court issued in the earlier round of litigation.They said the respondents have also incorporated conditions in the agreements that the petitioners cannot approach any court of the law in respect of their grievances related to the terms and conditions of the services.
The provincial law officer sought time to file comments and also undertook that the petitioners would not be removed from their services till the next date of the hearing.
The court, taking the undertaking of the law officer on record, restrained the government from removing the services of the petitioners till the next date of the hearing.