PHC orders early resolution of Swabi varsity allowance issue.
PESHAWAR -- The Peshawar High Court has ordered the University of Swabi's Senate to expeditiously resolve the matter of provision of brain drain allowance (BDA) to its teachers having PhD qualification.
A bench consisting of Justice Musarrat Hilali and Justice Ijaz Anwer disposed of a petition jointly filed by Prof Mukhtar Alam and 31 other university teachers seeking an order to declare illegal the non-provision of the BDA to them.
The petitioners had also sought the court's orders for respondents, including the University of Swabi's vice-chancellor, to act in accordance with the law and ensure the due payment of the BDA to them along with arrears from the date of the allowance's approval under the statutes of the university.
The bench directed the university's management to place the matter before the Senate of the educational institution to resolve it expeditiously and not later than two months from the date of the receipt of the detailed judgement.
Denial of 'brain drain allowance' challenged by teachers with doctorates
Advocate Rehmanullah Shah appeared for the petitioners, whereas Barrister Syed Saad Ali Shah represented the respondents, including the university's VC, treasurer and registrar.
Barrister Saad submitted comments about the petition on behalf of the respondents saying the disputed BDA had never been denied by the university and rather, its payment was withheld by the Senate, the university's apex forum, in its meeting on June 23, 2021.
He said the Senate had cited the reason of framing of proper mechanism for disbursement of the said allowance by the higher education and establishment departments for all universities in the province.
Mr Saad contended that all admissible allowances were subject to the approval by the university's syndicate with reason to be recorded and were not mandatory to be given to the university employees under Section 4(1)(b) of Chapter 9 of the Statutes.
The petitioners' counsel...
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