Staff Reporter :
The High Court on Sunday rejected a writ petition that challenged the Finance Ministry’s decision (circular) to refund the time scale benefits enjoyed by a section of primary teachers after their jobs were nationalized.
The HC bench of Justice JBM Hassan and Justice Md Khairul Alam passed the order after holding hearing on a petition filed in this regard.
Barrister Muksadul Islam appeared in the court on behalf of the writ petitioners, while Additional Attorney General Sheikh Mohammad Morshed and Deputy Attorney General Tushar Kanti Roy represented the state.
Tushar Kanti Roy said, “Hearing the writ petition the HC observed that it is a matter of administrative tribunal. A writ petition cannot be accepted over the issue. So the court discharged the petition.”
“A total of 272 teachers filed a case with the administrative tribunal challenging the notification issued by finance ministry on August 12 in 2020 asking the 48720 primary teachers to refund the time scale benefits given to them. After hearing, the tribunal stayed the notification in cases of those 272 teachers,” added the state counsel.
Meanwhile the petitioners lawyer Muksadul Islam said that they would file appeal petition against the HC order.
In a program of the primary teachers, Prime Minister Sheikh Hasina on January 9 in 2013 announced the nationalization of the jobs of the teachers working in thousands of private primary schools across the country. Later their jobs were nationalized in 2013 and 2014 and the teachers were getting the facilities as per the rule.
But on August 12 in 2020 the Finance Ministry issued a circular asking the 48720 primary teachers, whose jobs were nationalized, to refund the time scale benefits given to them as those were given mistakenly.
Later Aminul Islam Chowdhury, a primary teacher of Sirajganj district, filed a writ petition 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 in 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 in 2020 to refund the time scale benefit 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 appeal petition with the Appellate Division challenging the HC order.
The chamber judge of the Supreme Court on September 13 stayed the HC order and sent the case to the regular bench of the apex court for detail hearing.
The Appellate Division on January 13 this year directed the HC to dispose of the writ petition within three weeks. As per the Appellate Division order the petition was placed in the HC bench of Justice JBM Hassan and Justice Md Khairul Alam.
