Staff Reporter :
The Chamber Judge of the Supreme Court’s Appellate Division on Monday fixed for hearing a petition filed against a High Court order that rejected a writ petition challenging the Finance Ministry’s decision (circular) to refund the time scale benefits enjoyed by a section of primary teachers after their jobs were nationalised.
Justice M Enayetur Rahim, Chamber Judge of the Appellate Division, passed the order after hearing a leave to appeal petition filed against the High Court order. The matter will be heard in the regular Bench of the Appellate Division on May 22, 2022, said Barrister Muksadul Islam who appeared in the chamber court on behalf of the writ petitioner.
Following a writ petition, the High Court, on February 28 in 2021, rejected the 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 nationalised.
In a programme of the primary teachers, Prime Minister Sheikh Hasina on January 9 in 2013 announced the 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 facilities as per the 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.
In this circumstance, Aminul Islam Chowdhury, a primary teacher of Sirajganj district, filed the writ petition challenging the notification of the Finance Ministry.
After hearing the High Court 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. Following a government appeal, the Supreme Court’s Chamber Judge on September 13 in 2020 stayed the High Court order and sent the case to the regular Bench of the apex court for detail hearing. The Appellate Division on January 13 in 2021 directed the High Court to dispose of the writ petition within three weeks.
After detail hearing, the High Court Bench of Justice JBM Hassan and Justice Md Khairul Alam on February 28 in 2021 rejected the writ petition with an observation that the petitioners may appear before an administrative tribunal for remedy over the issue.
Petitioner’s lawyer Muksadul Islam later filed a leave to appeal petition against the High Court order that was place in the Chamber Court on Monday.
