Repatriation case: Short breather for female teachers
IHC orders to maintain status quo on intra-court appeal by 65 teachers on deputation.
ISLAMABAD:
The Islamabad High Court (IHC) on Tuesday provided a short breather to 65 female teachers when the IHC ordered the Federal Directorate of Education (FDE) to maintain the status quo until further orders regarding the repatriation of these teachers to their parent departments are issued.
An IHC bench issued the order on an intra-court review petition filed by 65 teachers challenging the FDE’s decision to send them back to their parent departments on the contention that their deputation period had expired and they cannot be absorbed by the federal setup.
The petitioners’ counsels Shoaib Shaheen, Ashraf Gujar and Rahim Bhatti, argued before the court that the FDE’s decision to equate the deputation under wedlock policy with ordinary deputation was incorrect. “A wedding is not for a time period but for a lifetime,” said Shaheen, adding that in a letter to the Capital Administration and Development Division (CADD) secretary regarding the wedlock policy, the Ministry of Human Rights had declared the appointment of a female in different city than her spouse a human rights violation.
However, FDE officials told the court that they are unaware of any such letter or review of wedlock policy by CADD. They requested the court not to give interim relief to the petitioners.
The petitioners’ counsel contended that government officials are not authorised to argue cases in court, therefore interim relief to their clients may be granted.
The court accepted the counsels’ arguments and ordered FDE to maintain the status quo until further orders and adjourned the hearing till the second week of January.
The teachers who are serving in the FDE-run institutes on deputation had filed the petition contending that the FDE was ignoring federal government guidelines on the wedlock policy, which encourages spouses to be posted in the same station.
The petitioners contended that they have the right to apply for a permanent position in the federal setup because they cannot leave their families.
Published in The Express Tribune, December 21st, 2011.
The Islamabad High Court (IHC) on Tuesday provided a short breather to 65 female teachers when the IHC ordered the Federal Directorate of Education (FDE) to maintain the status quo until further orders regarding the repatriation of these teachers to their parent departments are issued.
An IHC bench issued the order on an intra-court review petition filed by 65 teachers challenging the FDE’s decision to send them back to their parent departments on the contention that their deputation period had expired and they cannot be absorbed by the federal setup.
The petitioners’ counsels Shoaib Shaheen, Ashraf Gujar and Rahim Bhatti, argued before the court that the FDE’s decision to equate the deputation under wedlock policy with ordinary deputation was incorrect. “A wedding is not for a time period but for a lifetime,” said Shaheen, adding that in a letter to the Capital Administration and Development Division (CADD) secretary regarding the wedlock policy, the Ministry of Human Rights had declared the appointment of a female in different city than her spouse a human rights violation.
However, FDE officials told the court that they are unaware of any such letter or review of wedlock policy by CADD. They requested the court not to give interim relief to the petitioners.
The petitioners’ counsel contended that government officials are not authorised to argue cases in court, therefore interim relief to their clients may be granted.
The court accepted the counsels’ arguments and ordered FDE to maintain the status quo until further orders and adjourned the hearing till the second week of January.
The teachers who are serving in the FDE-run institutes on deputation had filed the petition contending that the FDE was ignoring federal government guidelines on the wedlock policy, which encourages spouses to be posted in the same station.
The petitioners contended that they have the right to apply for a permanent position in the federal setup because they cannot leave their families.
Published in The Express Tribune, December 21st, 2011.