The Federal Constitutional Court has issued a notice to the Khyber-Pakhtunkhwa government regarding the dismissal of employees appointed under the caretaker government.
“The recruitment of my client was carried out in full compliance with all the requirements of the caretaker government,” argued lawyer Khushal Khan, adding that the current KP government dismissed these employees as soon as it came to power.
Justice Hasan Rizvi noted that the provincial assembly had passed the law on dismissal of employees. The KP Employees Dismissal Bill 2025 was passed in January, requiring the provincial government to dismiss certain government employees appointed during the caretaker government’s term in 2023.
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According to the legislation, employees who were “illegally recruited by the interim government” in 2023 will be fired. After the bill was approved, relevant institutions and departments issued notices of dismissal of employees.
The bill states that a six-member committee will be formed under the chairmanship of the institution secretary, comprising the general counsel, legal, financial and administrative departments, and other concerned secretaries.
The bill states that “illegally appointed employees shall be deemed never to have been appointed and their appointment is hereby declared void ab initio.” It also provides for compensation to persons acting under this Act: “No suit or other legal action shall be taken against any person for any action taken under this Act.”
Justice Hasan Rizvi observed that the new government 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 hearing.
