ISLAMABAD-The Islamabad High Court (IHC) Judge Miangul Hassan Aurangzeb Monday sent the petition of a school teacher seeking extension in her deputation period in the federal capital under wedlock policy to the IHC Chief Justice.
The IHC single bench conducted hearing of the petition filed by Ms Kausar Perveen under the wedlock policy through her counsel GM Chaudhry.
During the hearing, Justice Aurangzeb remarked that he has decided the case of deputation teachers with heavy heart as he knows that several families would be affected in the wake of this decision.
Counsel for Kausar Parveen argued before the court 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.
He added that the Constitution guarantees that protection of rights of children and women would be ensured at every cost. However, he adopted that the clause 3 of article 25 was overlooked in the said case. He continued that injustice was done that the responsible officials of Federal Directorate of Education (FDE) have drifted the hundreds of families into agony by misinterpreting the court’s decision. Chaudhry told the court that 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.
Similarly, the lady who is appointed on the seat of director schools is a teacher and she also is not capable to examine and understand the court’s decision in true perspective.
Therefore, he requested the court that it should not only suspend the orders of sending back his client to Sargodha but also stay order be issued to them so that they could tell the court who could be hit by the court’s decision and who could be not.
He argued that his client had two options left before her after this decision either she should inform her provincial department through a letter that she cannot prolong her service to save her family and the second is that 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.
The counsel contended 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 would ruin the family system and the children would be separated from their mothers. He maintained that it would inflict irreparable loss.
The bench remarked that his point is very important. Therefore, he is sending this case again to the Chief Justice of IHC Justice Athar Minallah for decision on this point.