82 senior teachers ‘deprived of promotion’ in Khagrachhari
KHAGRACHARI, May 31: At least 82 senior assistant teachers of different primary schools here in the district alleged that they were deprived of promotion to head teacher position.
They are moving from door to door, but no one listens to their plight.
The teachers alleged that ignoring their seniority, District Primary Education Officer (DPEO) Fatema Meher Yasmin gave promotion to 139 teachers at 139 schools under nine upazilas of the district.
They alleged that the DPEO changed the gradation list on bribe from the juniors.
The first gradation list was prepared on December 4, 2017. She made another gradation list on April 1, 2018, and sent it to the Directorate of Primary and Mass Education (DPME).
She didn't follow the terms and conditions of Non-Cadre Officer and Staffs (Seniority and Promotion) Act-2011.
They alleged that ignoring the existing rules, office and High Court (HC) orders, she has given promotion to 139 assistant teachers to the head teacher posts.
Senior Assistant Teacher of Dighinala Model Government Primary School Md Marefatul Islam said he joined the school on April 7, 2003 and his serial number is 19 as per gradation list prepared by DPEO on December 4, 2017. But ignoring his seniority, DPEO promoted those, who are in 31 to 42 serial and had joined on June 30 and July 1, 2003.
The same scenario is found at Khagrachhari, Panchhari, Sadar, Matiranga, Manikchhari, Ramgorh, Laxmichhari and Guimara upazilas. He also alleged that DPEO played dirty game in exchange of huge bribes.
DPEO very secretly prepared second gradation list that also violated section 9 of the Act-2011, Marefatul added.
Senior Assistant Teacher of Etchhari Government Primary School Kejsai Marma said he was senior as per the gradation list, which was signed and prepared by DPEO Fatema Meher Yasmin on December 4, 2017.
The DPEO, however, with assistance of upazila primary education officer (UPEO) prepared and signed another gradation list on April 1, 2018 changing earlier lists that deprived a total of 82 teachers of promotion.
It's too shameful for seniors to continue services under the command and control of juniors, he said with a request to Anti-Corruption Commission (ACC) to investigate the issue.
Mozammel Hoque, senior assistant teacher of Chhoto Merung Government Primary School said they went to DPEO to get a solution. DPEO herself advised them to go to the HC and to lodge a writ seeking seniority.
He further said that they filed a writ with petition no 6206 on May 17, 2017.
Justices of HC Division has issued rule upon the DPEO and others concerned asking why the gradation list of April 1, 2018 was prepared after changing gradation list prepared on December 4, 2017 and it should not be declared without legal authority and is of no legal effect.
When the writ was at hearing stage, the DPEO, however, without contest managed the junior teachers to prepare another gradation list on April 1, 2018 and sent it to the DPME.
The authority concerned published gazette on September 6, 2018 and following the gazette, 139 assistant teachers were given promotion.
He further said, it surprised them that the gadget was published on Thursday, September 6, 2018. The school was closed on Friday and Saturday. The DPEO has prepared letter for 139 teachers and asked them to join as head teacher by 9am on Sunday, September 9, 2018, the next opening day.
Monirul Islam, senior assistant teacher of Purba Dholia Government Primary School under Matiranga Upazila in the district said the DPEO prepared the second gradation lists after changing the first gradation lists as per section 4(1), (Ka), (Kha) of the Act-2011.
He further said they joined on the duty from April 1 to April 10 in 2003 followed by recruitment exam in March 2003 under Asian Development Project (ADB). But the DPEO promoted those who joined in July 2003 followed by the recruitment examination in June, 2003 and advertisements published in 2000 and 2003.
He also said their examination and recruitment were held before but the DPEO deprived them only on the basis of the advertisement as it was published earlier.
He alleged that she took financial benefits from juniors.
DPEO should follow due process as per section 4(2) of the Act-2011 where it is clearly mentioned that seniority shall be counted from the very first day of joining in the services, Monirul added.
Moreover, DPEO also did not follow section 9 of the same Act, where it is clearly mentioned that after preparing the gradation lists, it immediately would be hung on the advertisement board for teachers.
Monirul also pointed some writs that included 5360/2009, 6129/2009, 979/2010, 980/2010 filed by teachers who were appointed under ADB across the country, where honourable HC directed authority concerned to count seniority from the very beginning of the joining.
Assistant Director (Law and Cabinet) of Directorate of Primary Education (DPE) Mujibor Rahman has issued a letter on behalf of Director General (DG) of the same directorate on October 13, 2015 asking the UPEO and DPEO to count seniority from the very first joining date as per the judgment of writ petition number 5360 in 2009.
The DPEO ignored this order after having bribes, he added.
Senior Assistant Teacher of Matiranga Korollachhari Government Primary School Md Shahidul Islam alleged that the second gradation lists was prepared without an office order.
The DPEO verbally asked the UPEO to submit gradation lists and UPEO did so. The DPEO forced the UPEO to submit gradation list without maintaining legal procedure, he said adding that the DPEO did it on bribe from juniors. He also urged the ACC officials to investigate into the issues.
Promoted Head Teacher of Matiranga Amtali Government Primary School Md Anwar Hossain said they were promoted as per the gradation lists prepared on April 1, 2018.
Pointing the gradation list was accurate Anwar Hossain said the 82 teachers joined in 2003 under ADB but they turned into revenue on June 20, 2005.
All the 82 teachers submitted their second joining letter in June 20, 2005. That means their seniority began being counted from the same date.
Replying to another query, Anwar Hossain said that they did not pay any bribe and there is no illegality as there was no stay order from the HC.
The correspondent talked to three UPEOs, and seeking anonymity, they alleged that the DPEO had done the procedures of promotions on bribe.
They alleged that the DPEO verbally asked them to submit gradation lists and they did it. They further added that she said she would serve them show cause notice if they fail to serve the lists.
DPEO should follow the latest orders, circular, gazettes of the government in giving promotions, they added.
When contacted, DPEO of the district Fatema Meher Yasmin said she has done everything as per law, gazette and HC order and circulars by the directorate.
Replying to a query, she said there were some mistakes in the gradation list that was prepared on December 4, 2017. That's why she had to prepare latest gradation lists on April 1, 2018.
"DG Office should've scrutinised the gradation list that I sent later, but they didn't make any changes instead they published the gadget. That proved that there was no illegality and barriers in giving promotions," she added.
In answering another question, the DPEO said, the teachers went to the HC and lodged a writ seeking seniority, but the HC just issued a rule to explain why the gradation list is of no legal effect.
"We have no bar to have promotion as there was no stay order in this connection," she added.
Pointing to the teachers' allegations on bribing, she said that it is not true as everything was done as per law and by the clear instructions of the higher authority.