PESHAWAR: A Peshawar High Court bench on Saturday fixed for Mar 28 the indictment of the provincial elementary and secondary education secretary and Board of Intermediate and Secondary Education Mardan chairman in a contempt case for not complying with the court order.

Justice Waqar Ahmad Seth and Justice Lal Jan Khattak observed that despite clear directives given by the court while deciding a petition in May 2015 that the petitioner, Rashid Gul, who was an employee of BISE, shall be considered for appointment as controller examination of the board, the department had not complied with the order.

Normally, the high court does not hear cases on Saturday, but the special bench was constituted by the Chief Justice Yahya Afridi to hear around 50 contempt of court petitions against different officials of elementary and secondary education and several district education officers.

On Jan 10, a bench headed by the chief justice had clubbed all contempt of court petitions pending against different officials of the provincial government and had ordered that the relevant orders should be implemented within 45 days failing which the concerned administrative officials shall appear in person so that contempt of court proceedings shall be initiated against them.

On Saturday, the contempt of court cases pertaining to education department were fixed for hearing.

Essa Khan and Akhtar Ilyas, lawyers for petitioner Rashid Gul, said their client was an assistant secretary in the BISE Mardan and that in Sept 2014, the education department had appointed an assistant professor as controller (examination) on deputation basis.

Court observes its orders on Mardan BISE appointment were defied by education dept

They said their client had challenged the said appointment on the ground that the employee of the board had also the right that they might be appointed to the said post.

The lawyers said the petition was allowed in May 2015 and that the court had ordered the revocation of the said appointment and also ruled that the petitioner should be considered for appointment as controller examination.

They said the department recalled the said appointment but in June 2016, it appointed another assistant professor, Mohammad Ali, as controller without considering the petitioner.

Additional advocate general Mujahid Khan and elementary and secondary education special secretary Qaisar Alam said the petitioner was considered for the post but as he was in BPS-17 and the post was that of BPS-18 and therefore, he was not entitled to be considered for that post.

The bench directed the officials to show minutes of the meeting of the committee constituted for that appointment.

However, the officials showed a summary of the department wherein it was mentioned that the name of the petitioner was considered for the said post.

The bench observed that the petitioner had to be considered by the relevant committee and not by the department and that minutes had not been produced by the officials.

Among the respondents in that case were then education secretary Afzal Lateef, BISE chairman Mushtaq Khan and Chief Minister Pervez Khattak, the board’s controlling authority.

WATCHMAN DUTY CASE: In another case, the watchman of a government school in Nowshera, Sultan Ali, appeared in person before the court and said despite the clear orders of the high court that a watchman should not be assigned round-the-clock duty, the officials had subjected them to the said duty hours and had been making deduction from their salary in case they could not perform duty for the said duration.

He added that Rs4000 had been deducted from him by the concerned officers.

The bench ruled that within 15 days the money deducted from the petitioner as well as other such watchmen/guards should be returned and compliance report should be submitted to the additional registrar of the high court.

The bench observed that it was not possible for a human being to perform 24 hours duty at a stretch.

Additional advocate general Rabnawaz Khan said the department had already issued an order to all district education officers directing them not to assign round-the-clock duty to a watchman.

In some cases filed by petitioners against their non-appointment to different posts of teachers despite the court’s orders, Mujahid Khan and Rabnawaz Khan said the department had filed appeals with the Supreme Court.

When the bench asked whether the Supreme Court had granted any interim relief to the government and suspended the judgment of the high court, they replied in negative. In those cases, the bench fixed Apr 17 for next hearing.

Meanwhile The bench disposed of some petitions of the children of retired Class-IV employees of the department seeking appointment on quota reserved for the children of the retired employees.

The relevant officials produced the lists of retired employees stating that in accordance with the order of the court they had prepared the list and the children of retired employees had now been appointed on their turn keeping in view the retirement dates of their parents.

Published in Dawn, February 26th, 2017