Justice Mian Gul Aurangzeb of Islamabad High Court (IHC) has remarked that he decided the case of deputation teachers with heavy heart as he knows that several families will be affected in the wake of this decision.
He gave these remarks during the course of hearing of a petition filed by Kausar Perveen under wedlock policy on Monday. GM Chaudhry, counsel for Kausar Parveen, argued that the court has given a comprehensive decision regarding deputation. “But some clauses of constitution have been overlooked therein due to which the rights of his client and her children were affected. Constitution guarantees that protection of rights of children and women will be ensured at every cost. The Clause 3 of Article 25 was overlooked therein,” he said. “Further injustice was done when the responsible persons at Federal Directorate of Education (FDE) drifted hundreds of families into agony by misinterpreting the court’s decision,” he added.
GM Chaudhry told the court that Azam Gakhar, who is sitting on seat of director legal at Federal Directorate of Education (FDE), is a teacher, therefore, he has no capability to interpret the court’s decision. “The lady who is appointed on the seat of director schools is a teacher and she is also not capable of understanding the court’s decision in true perspective,” he argued. “Therefore, the court should not only suspend the orders of sending back his client to Sargodha but also a stay order be issued to them so that we could tell the court who could be hit by the court’s decision and who could be not. The court should take into consideration this aspect that those who have put at the stake the future of hundreds of families through misinterpretation of court’s decision,” he added.
He argued that his client had two options left before her after this decision. “Either she will have to inform her provincial department through a letter that she cannot continue her service to save her family and the second is that she leaves her children alone continues with her job,” he said, adding that the court had given a clear decision on wedlock policy under which any male or female who has been posted on deputation cannot be returned and an effective law is also in place in this regard. He insisted that the misinterpretation of the court’s decision will ruin the family system which will inflict an irreparable loss.
The court remarked, “Your point is very important. Therefore, I am sending this case again to the chief justice of IHC Athar Minallah and he himself will give decision on this point.”
The case will now be fixed for hearing in the court of Chief Justice IHC Athar Minallah in the coming days.
