The Federal Constitutional Court has issued a notice to the Khyber-Pakhtunkhwa government over the dismissal of employees appointed during the caretaker government.
“The recruitment of my client was carried out in full compliance with all requirements under the caretaker government,” argued lawyer Khushal Khan, adding that the current K-P government dismissed these employees upon assuming power.
Justice Hasan Rizvi noted that the provincial assembly had passed the Employee Dismissal Act. The K-P Employees Removal from Service Bill, 2025, was passed in January, mandating the provincial government to dismiss certain government employees appointed during the tenure of the caretaker government in 2023.
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According to the legislation, employees who had been “illegally recruited by the caretaker government” in 2023 will be dismissed from their jobs. After the approval of the bill, the relevant institutions and departments issued notifications for the dismissal of the employees.
The bill states that a six-member committee will be formed under the chairmanship of the Establishment Secretary, which consists of the Advocate General, the Law, Finance, and Administration Departments, and other relevant secretaries.
The bill states that, “Employees, unlawfully appointed, shall be deemed to have never been appointed and their appointments are hereby declared to be void ab initio.” It also provides indemnity to individuals acting under this law: “No suit or any other legal action shall lie against any person for any action done under this Act”.
Justice Hasan Rizvi observed that the government’s new law forms the basis of the case against the petitioner. “The elected government came to power and formulated a new policy,” Justice Rizvi added.
The court issued notices to the Higher Education Department and the Advocate General of Khyber Pakhtunkhwa. A two-member bench, headed by Justice Rizvi, adjourned the case hearing.
