ISLAMABAD, Jan 18 (Online):Justice Mian Gul Aurangzeb of Islamabad High Court (IHC) has remarked he has 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 petition filed by Ms Kausar Perveen under wedlock policy on Monday.
GM Chaudhry counsel for Kausar Parveen argued 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 guraantees that protection of rights of children and women will be ensured at every cost. The clause 3 of article 25 was overlooked therein. Further injustice was done this that the responsible of Federal Diectorate of Education (FDE) have drifted the hundreds of families into agony by misinterpretting the court’s decision.
GM Chaudhry told the court Azam Gakhar who is sitting on the seat of director legal in 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 directors schools is a teacher and she also is not capbale to examine and understand the court’s decision in true perspective. Therefore, the court should not only suspend the orders of sending back his client to Sargodha but also stay order be issued to them sothat 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 interpretation of court’s decision on their own are capable to do so or otherwise.
He argued that his client had two options left before her ater this decision either she should inform her provincal department through a letter that she can not prolong her service to save her family and the second is this she should say to her children that they are now left at the mercy of Allah and she is going to do job in Punjab.
GM Chaudhry further argued the learned court had given a clear decision on wedlock policy under whiich any male or female who has been posted on deputation can not be returned and an effective law is also in place in this regard.
He insisted that the misinterpretion of the court’s decision will ruin the family system and the children will depart from their mothers. It will inflict 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
This case will now be fixed for hearing in the court of Chief Justice IHC Athar Minallah within a few days.