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"Let there arise out of you a band of people inviting to all that is good enjoining what is right and forbidding what is wrong; they are the ones to attain felicity".
(surah Al-Imran,ayat-104)
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User Name: Yousafzai
Full Name: Manzoor Ahmad Yousafzai
User since: 20/Apr/2008
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Education, Teachers, Government and Supreme Court

 

                   The necessity of this article was realised as that the character of each player is highlighted to a certain extent and to show the people that is who is responsible for the destruction of the character of the people and the deterioration of the literacy rate in the Country at least at the Primary and Secondary levels of Education.

                        Only stressing upon the teachers to increase the literacy rate without fulfilling other corresponding requirements is just to deceive the people of the Country. Indeed the character of the teachers in uplifting of the quality of Education is indispensable but without the cooperation other institutions and persons, teachers are unable to play that role which is expected from them.

                        Before the Independence of the Country, the teachers had in view the independence and a better life. He prepared the ground for the independence. After the independence, the teachers worked hard with meagre resources and gave promising results to the nation. In the whole Country there were only a few private institutions which counted on the fingers tips. Gradually those who became rich separated their children from those of the poor. Education was based on big pocket. The rich people who were in the governing class of the Country separated their children for a particular kind of Education having peculiar curriculum, medium of instruction, environment of the Education institution having rich facilities conducive to extraordinary kind of Education.

                        Education was categorised based on the social status of a person. The Government schools tried their best and produced eminent persons in the Country but when they were inducted in both the Civil Service and Military Service, they forgot their background, left everything behind, and got impregnation in the new colours of life. Their priorities changed and they forgot that the teachers had conveyed them to their places. This is the reason that every institution of the Country progressed more or less but the teachers were like those trees giving fruit every year without being properly looked after by those who enjoy their fruit. The salaries of Class IV of many semi-Government institutions are still higher than those of teachers. Selection Grade, which was available to the Government Employees, was withdrawn in the year 2001 Pay Fixation. The worst sufferers in the battle of this life are the Primary and Secondary Schools Teachers.

                        The Teachers were deliberately ignored for some reasons. First, to demoralize them to leave that hardworking which they were doing at sometime in order to encourage the perception among the people of this Country that the Government Schools are unfit for the Education. Secondly, to encourage the private schools led by many eminent persons of society and were funded for this purpose by the Financial institutions including the Education Foundation which had been established by the amounts primarily deducted from the salaries of the Teaches every month. The private institutions were helped on the pretext that they are proving helping hands to the Government in the minimization of the illiteracy rate in the Country, therefore, loans were given from the Education Foundation to those who showed willingness to establish Education Institutions.

                        The previous MMA Government in NWFP, established a unique custom in the history of Governments of the Country when Senior English Teachers were appointed to work in the Private Institutions and were paid from the Government Exchequer despite this fact that many Secondary Schools were deficient of Teachers at that time. This was a clear and open conspiracy against the Government Schools by disabling them to show poor results to the Country without specifying the actual cause of failure of the Government schools. The religious fanatics robbed the Government Schools and paid to the Private Schools. (To rob Peter to pay Paul).

                        Prior to the Government of MMA, many scandals of ghosts schools, ghosts teachers and scandals of furniture and other items came to the fore front and were discussed in the Public Accounts Committee of the NWFP Provincial Assembly but the outcome is best known to those who handled these scandals. Funds allocated for the Education in the Provincial Budgets either were misappropriated in such scandals or were misused giving no results.

                        Such persons were deliberately inducted in the administrating cadre and teaching cadre who had no faith in the upgrading the literacy rate in the Country. Billions of dollars were obtained from the World Bank in the name Education but were spent in the areas having no concern with Education.

                        Untrained teachers were appointed who later on got higher professional qualification but they were not given their benefits for the service of their untrained period.

                        The problem of the untrained service of teachers was related to the teachers of the whole Country. A judgment of the Supreme Court 1976 SCMR 297 is on this point. The case was decided by two Judges, Mr. Justice Anwarul Haq and Mr. Justice Muhammad Gul.

                        Civil Petition for Special Leave to Appeal No. K-125 of 1975, decided on 4th November, 1975. (On appeal from the Judgement and order of the Sind Service Tribunal Karachi, dated 10-7-1975).

 

 

 

(A) Constitution of Pakistan (1962)-

            Art 178(3)-Civil Service-Appointment to-Respondents Untrained teachers having their salaries fixed in the time-scale as notified in Provincial Gazette-Notification not drawing any distinction between trained and untrained teachers-Subsequent notifications entitling untrained teachers only to a fixed pay and denying them advantage of progressive grade pay, held, violated of provisions of Article 178(3) and on no discoverable principle could be refused grade pay to their disadvantage by an executive fiat. (P-298)A.

 

(B) Government-

            Litigation against employees-Duties and responsibilities of Government (Civil Service).

 

                        Courts expect the Government to be the noblest of litigants and that they would not engage in litigations in vain much less against his own employees. In the instant case, the matter was covered by express provision of the Constitution and the amount involved was trivial. Any attempt to avoid justice being done on a technical plea, unless any high principle is involved should be avoided. (P-298)B.

                        The purpose of writing of the above ruling in the above Judgment in detail was to highlight the noble character of the Judges and their strict adherence to the law and rights of both the serving and non-serving individuals, their spirit for the  dispensation of justice to the people as well as their boldness is evident from their Judgment.

                        They advised the Government to be the noblest of litigants and should avoid litigations with his own employees. The nobility of the Judges is evident from their Judicial character that on the one hand declared the teachers entitled to the annual increments for their past services and on the other hand asked the Government to avoid litigation with his employees on matters of minor nature unless a high principle is involved.

                        Then in a teacher named Mr. Rohul Amin, Drawing Master, Government High School, Dagai, District Swabi, North West Frontier Province, submitted Appeal No. 566/1995 in the Service Tribunal NWFP. The Tribunal decided the appeal in favour of the Appellant with retrospective effect i.e. from the date of his appointment and allowed him all the back benefits of the post which had been denied to him by his Education Department. The Tribunal consist Mr. Qaim Jan Khan as Chairman and Arbab Azizullah Khan as Member. (Mr. Qaim Jan Khan is now Judge of the Supreme Court since November, 2007).

                        Then another teacher named Mr. Fazal Elahi, a teacher of Government Primary School No. 1 Kalabat, District Swabi, NWFP, instituted his case under Appeal No. 690/1996 in the Service Tribunal NWFP, and that was also accepted by the Tribunal.

                        When the Government of NWFP, faced the increasing number of cases in the Service Tribunal of those Teachers who had been deprived for the last so many decades, it challenged the cases of Teachers, who had won their cases in the Tribunal, in the Supreme Court of Pakistan. Various benches were constituted and the number of Judges was increased in every new bench but they were deciding the cases in favour of the Teachers but finally, in October, 2002, a larger bench was constituted in the Supreme Court and the Government of NWFP, took a sigh of relief when the Teachers were defeated in the Court by a larger bench in order to get rid of this matter and the teachers whose cases were pending before the Tribunal were disposed of in light of that Judgement of October 2002 and all the teachers were badly disappointed and their struggle for their rights was thus frustrated.

                        Now those teachers who were declared "entitled" and those who were declared "not entitled" are serving either in the same schools or same department. It means that the teachers have not been treated uniformly according to the law but according to the judgments of the various benches consisting different number of Judges. The chances are bright that if higher bench was constituted and the case was put before that bench, the affected teachers would get their rights like those non-graduates who were affected by the five member bench in 2002 but were entitled to contest election by the seven member bench in the year 2008 despite being not graduates. It compels an ordinary person to think that why the law was valid in the previous judgment and invalid in the subsequent judgment. Similarly in the judgment of 1976 there was no law in Country for the discrimination between the trained and untrained teachers in relation to pay of the post but I want to know that under what law in October 2002, they were discriminated and the untrained teachers were declared "not entitled" to the progressive pay of the post.

                        The lacuna needs to be found for the satisfaction of the people. From 1976 till 2001, the same Supreme Court, with different benches, gave a right to the teachers but in the 2002, it stopped. Judgment of the Court is subservient to the Constitution, Laws, rules and regulations. The Fundamental Rules framed in 1922 during British Government in India are still in the use of the Finance Department, Government of NWFP and Conditions of Service are regulated by them relating to Pay, Service, Duty, Deputation, Retirement etc.

                        That the case of one of the untrained teacher was supported by the following Fundamental Rules and an Audit Instruction but still his case was disposed of in the light of the Judgment of October 2002.

(1)            F.R. 9(6)(i), relating to duty.

(2)            F.R. 9(31)(a) relating to time-scale pay.

(3)            F.R. 26(a) relating to the condition on which service counts for increments in a time-scale.

(4)            F.R. 9(22) relating to Permanent Post.

(5)            Audit Instruction (5) to F.R. 26.

Nowhere in the Fundamental Rules, Supplementary Rules or Service Rules it has been provided that an untrained teacher should not be given annual increment.

            A case of WAPDA servant (1984 PLC (CS) 21), the annual increment of a WAPDA servant was withheld due to failure to pass promotional examination: Held, that depriving an official of his due remuneration when he was doing his work whole time was devoid of any legal basis.

                        Mr. Justice Qaim Jan Khan, who as a Chairman of the Service Tribunal, NWFP, supported the right of the teachers in 1995 should once again get notice of the matter as the sitting Judge of the Supreme Court. The right which he endorsed in 1995-96 should also confirm in the year 2008.

                        When the Attorney General did not oppose the case of non-graduates should also conduct arrangement for the revival of the right of the graded pay to the Teachers of NWFP.

                        The Government of the NWFP, is also requested to review the matter because the Supreme Court judgment of 2002 came in such a time when there was no democratic Government in the Country or should allow the right to the Teachers through a Notification from the Finance Department, Government of NWFP.

                        When the Political Parties and the legal fraternity talk about the rule of law and Constitution, they should accept this fact that Teachers have been treated against the law and Constitution. They should be given their right for their encouragement to play their role in the building of this Nation.

                        In Japan, a person bows before his parents three times and to a teacher seven times. Everywhere in the World, especially in the materially advanced Countries, not only the Education is free but also their Primary School Teachers are highly paid and graded. Therefore, I request the Government to announce Grade-17 for the Primary school Teachers irrespective of being their qualification but due for the job they are doing so that they may strive with renewed spirit and vigour along with the Government not only to increase the literacy rate but also to produce qualified educated persons.

                        Justice Qaim Jan Khan while in the Service Tribunal said to a teacher that foreign Countries three departments are highly respected and honoured. (1) Education, (2) Police, (3) Judiciary. Education Department builds up the character and moral of the whole nation, Police apprehend Criminals without considering their social statuses and Judiciary imparts Justice without any fear, favour or pressure.

                        If we analyse the above statement in Pakistan these institutions need our attention with full devotion if we wish to rise in the World.

                        Coming back to the role of the Government in the deterioration of the Standard of Education, I would like to cite the role of the Ex-Minister for Education in the MMA Government. The way of life and living standard was and is before everyone. If we compare the development of Education during his tenure with his present living style, he has tremendously progressed financially which is evident from the statement of published in daily newspaper "Express" about his immovable property. Where is the concept of Accountability in the Country? The criminal case of an Education officer with fake B.A. Second Division Degree of District Swabi, is still in the Anti-Corruption Court for the last so many years and he is still serving in the department. Where is the "Rule of Law"? Where is the concept of speedy dispensation of justice and adjudication of cases?

                        Complete might was right prevailed in the country previously while the present Government would be assessed in the office after five years.

                        The "Contract Policy" is another cause of deterioration of Education in the Country, which has not been given full attention. When the school is permanent why a teacher is appointed on contract temporarily for six months, one year etc. This is not only joke with the teacher but also with Education. This policy has snatched the peace of mind of the teachers. High qualified teachers appointed 15 or 20 years ago are unwilling to accept promotions in fear of being rendered on contract on those posts of higher scales. This nothing but to discourage the teachers serving on posts at lower scales to avoid those posts of higher scales.

                        Teachers have been entangled in the problems of service how he can devote attention fully to the students. He cannot get Medical leave or earned leave in fear of stoppage of Pay and then the arrears of Pay, if gets leave, are drawn after sufficient struggle. Every one expects him to keep a curing hand on the wound of nation without conducting any arrangement for healing that of the Teachers' wound.

                        The Prime Minister's announcement of the termination of policy of ad hocism and re-employment after retirement is praiseworthy but termination of policy of ad hocism may be extended to the young generation as well. They should be appointed, promoted, retired under the policy, which prevailed in the country until 1988. The contract policy was introduced just to deprive the Civil Servants and their families from the benefits of Pensions. I am happy that the Prime Minster is aware of the fact that under this contract and ad hoc policy heavy salaries were given but I want to draw his attention to another matter which is deputation from one department to another department or to those of temporary projects. The initiation of temporary projects with huge amounts in a department has brought no such results, which were expected. At  present, to increase the literacy rate in the country, National Commission for Human Development is working. What is their role? Are they more qualified than the teachers in the schools are? In what way they help the people of the locality. Heavy amount is spent with no result. Everything is on the paper. World Bank has given billions of dollars for such like projects. The amount which is spent on these projects should be merged in the salaries of the teachers for the betterment of the quality of life of a teacher, basic facilities in the schools of villages be provided with these funds like, electricity, clean drinking water, Computer labs etc. The Officers of the Government in the Education Department are not children to be guided, they know what they are doing but they do so for their own benefits not the Country.

                        Education comprises three ingredients, (1) Teacher, (2) Pupil/Student, (3) Learning.

                        It is astonishing that all the above ingredients have been badly overlooked/neglected by every Government and the allocated funds were either misappropriated or utilized on items not connected with Education, like vehicles for the officers, rented offices, T.A and D.A of officers, importing persons on contract employment on heavy salaries, creating unnecessary projects, which do not prove helping hands to teachers or those who are in the administration of the Education Department.

                        The concept of Parents Teachers Councils is praiseworthy but still their supervision is necessary.

                        I have one suggestion to the Government that the condition of Government schools will improve if the children of the whole hierarchy from the Prime Minister down to Class IV get Education in the Government schools.

                        The study of human nature has told me this lesson that a person gets interest only in that transaction in which his personal assets are involved. When the children of the ruling class get education abroad or in Pakistan but in separate institutions then he merely gets votes from the poor people by making hollow promises with them of better education and life of best quality.

                        My another suggestion, for the improvement of education is that the Medium of Instruction should be English as the Ex-Education Minister for the Federal Government, Mr. Javed Asharf Qazi had promised. Those who talk about Education in mother tongue should practise the concept first themselves. This hypocrisy in the characters of those leaders is unbearable on any costs who preach for Education in mother tongue whereas sending their own children abroad for Education in English Medium of Instruction.

                        Almighty help us to act upon it.

Manzoor Ahmad

B.Sc; L.L.B M.A. Political Science,

Marghuz Balar Khel, District Swabi, N.W.F.P. Pakistan.

Mobile No: 0345-9503142.

Dated: Tuesday, 29 April 2008.

Email: manzoorahmadjalalmallb@hotmail.com

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