The Appellate Division of the Supreme Court on Wednesday directed the High Court to dispose of a writ petition that challenged the Finance Ministry’s circular with mentioning to refund the time scale benefits enjoyed by a section of primary teachers after their jobs were nationalised.
The apex court asked the concerned lawyers to place the petition in the High Court Bench of Justice JBM Hassan and Justice Md Khairul Alam. The Appellate Division also asked the HC 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 decision.
Barrister Muksadul Islam appeared in the court on behalf of the writ petitioners, while deputy attorney general Samarendra Nath Biswas represented the State.
Muksadul Islam later said, “The apex court asked the HC to dispose of the writ petition in three weeks. However, the order of the chamber court, which stayed the order of the HC, remains in force.”
In a program of the primary teachers Prime Minister Sheikh Hasina on January 9 in 2013 announced the nationalization of jobs of 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 facilities as per rule.
But in August 12 in 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 of 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 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 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 detail hearing. The Appellate Division held hearing on the matter on Wednesday and passed order.
