The Appellate Division of the Supreme Court on Thursday overturned a High Court judgement that had struck down provisions governing the seniority and service benefits of teachers absorbed from 26,000 non-government primary schools nationalised in 2013.

The verdict delivered by a five judge-bench chaired by the chief justice Zubayer Rahman Chowdhury removed a major legal obstacle to the appointment of nearly 32,000 head teachers in government primary schools said attorney general Md Ruhul Quddus told reporters.

The absorbed teachers filed several writ petitions arguing that they had previously served as head teachers and therefore their earlier status and length of service should be recognised in determining seniority and promotion.

The High Court accepted their petitions and declared the relevant provisions of the law invalid. The government subsequently appealed against the judgement.

Allowing the government’s appeal, the Appellate Division on Thursday set aside the High Court verdict.

The attorney general said that the government had nationalised 26,000 non-government primary schools in 2013 through a law that allowed all teachers, including head teachers of those schools, to join government service as assistant teachers.

Although many of them had served as head teachers before nationalisation, the teachers were absorbed into government service only as assistant teachers under the law, he said.

He said that the law provided that assistant teachers recruited directly by the government would rank senior to teachers absorbed from the nationalised schools.

The law also stipulated that only 50 per cent of the teachers’ pre-nationalisation service would be counted for pension and gratuity purposes.

The teachers also contended that their pre-nationalisation service should not be limited to 50 per cent recognition for pension and gratuity alone but should also be considered for promotion and seniority.

After the verdict, education and primary and mass education minister ANM Ehsanul Hoque Milon, addressing an event on the same day said that they can now appoint 32,000 head teachers at government primary schools.

Currently under the ministry there are around 65,500 government primary schools across the country.