IHC suspends FDE’s order

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

A single bench of IHC comprising Chief Justice (CJ) of IHC 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 16 and inform the court that who is responsible for misinterpreting the court’s order. 

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

The IHC bench issued these directions while hearing identical petitions filed by more than 30 male and female teachers. Earlier, the FDE in the guise of IHC order had issued orders for their repatriation to their native towns. The teachers approached the high court and continued their protest against the FDE step outside National Press Club and in D-Chowk

During the hearing, the IHC Chief Justice remarked that no one is there in 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 servants. 

The counsel for teachers GM Chaudhry Advocate briefed the court that adhoc policy existed and law is also effective. He added that sending these teachers back to their native towns is against the law.  

While expressing annoyance over Gakhar’s objection, Justice Athar remarked that you do not know the law at all. Had you even studied 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 that the decision on deputation has opened our eyes. 

Justice Athar said that your eyes are still closed and you know nothing yet. 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 protest in D-Chowk against the order based on ill intent. 

Then, the court suspended the orders regarding repatriation of teachers while adjourning the hearing of the case till March 16.