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Refund of pry teachers' time scale

SC asks HC to dispose of rule in three weeks

FE REPORT | January 14, 2021 00:00:00

The Appellate Division of the Supreme Court (SC) on Wednesday directed the High Court (HC) to dispose of a writ petition that challenged the Finance Ministry's order to refund the time scale benefits enjoyed by a section of primary teachers after their job nationalisation.

The apex court asked the lawyers concerned to place the petition in the HC bench of Justice JBM Hassan and Justice Md Khairul Alam.

The Appellate Division also asked the bench to dispose of the case within three weeks after receiving the order.

A four-member bench of the Appellate Division headed by Chief Justice Syed Mahmud Hossain passed the order after holding hearing on a petition filed by the state challenging the HC order staying the Finance Ministry's decision.

Barrister Muksadul Islam appeared in the court on behalf of the petitioners while deputy attorney general Samarendra Nath Biswas represented the state.

Mr Muksadul later said, "The apex court asked the High Court to dispose of the writ petition in three weeks. However, the order of the chamber court, which stayed the order of the High Court, remains in force."

At a programme of the primary teachers Prime Minister Sheikh Hasina on January 9, 2013 announced nationalisation of the jobs of the teachers working in thousands of private primary schools across the country.

Later their jobs were nationalised in 2013 and 2014 and the teachers were getting the benefits as per rule.

But on August 12, 2020 the Finance Ministry issued a circular asking the 48,720 primary teachers, whose jobs were nationalised from the private schools, to refund the time scale benefits given to them as those were given mistakenly.

Later Md Aminul Islam Chowdhury, a primary teacher from Sirajganj district, filed a writ petition with the HC challenging the notification of the Finance Ministry.

After hearing, the HC bench of Justice Tariq ul Hakim and Justice SM Kuddus Zaman on August 31, 2020 stayed the notification of the Finance Ministry for four months.

It also issued a ruling upon the respondents to explain as to why the notification issued by the Finance Ministry on August 12, 2020 to refund the time scale benefits by the primary teachers should not be declared illegal.

Primary and mass education secretary and other respondents were asked to comply with the ruling within four weeks.

Later the government filed an appeal petition with the Appellate Division challenging the HC order.

The chamber judge of the SC on September 13 stayed the HC order and sent the case to the regular bench of the apex court for detailed hearing.

The Appellate Division held hearing on the matter on Wednesday and passed order.

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