ISLAMABAD: The Federal Constitutional Court has sought a formal response from the Khyber Pakhtunkhwa (KP) government regarding its decision to dismiss employees appointed during the caretaker administration.
During the hearing, lawyer Khushal Khan argued that his client’s recruitment had been conducted in full compliance with all legal requirements under the caretaker government. However, he said the incoming KP government terminated these employees after assuming office.
Justice Hasan Rizvi noted that the provincial assembly had passed the Employee Dismissal Act — formally known as the K-P Employees Removal from Service Bill, 2025 — in January. The law mandates the dismissal of certain government employees appointed during the 2023 caretaker setup.
Under the legislation, individuals deemed to have been “illegally recruited” during the caretaker tenure will be removed from service. Following its passage, various departments issued dismissal notifications accordingly.
The law also establishes a six-member committee chaired by the Establishment Secretary and comprising the Advocate General along with representatives from the Law, Finance, and Administration Departments, as well as other relevant secretaries.
It further stipulates that employees “unlawfully appointed shall be deemed to have never been appointed,” declaring such appointments void from the outset. It grants indemnity to those acting under the law, barring any legal action against them for measures taken in its implementation.
Justice Rizvi observed that the newly enacted law formed the basis for the case against the petitioner, noting that the elected government had introduced a fresh policy upon taking office.
The court subsequently issued notices to the Higher Education Department and the KP Advocate General. The two-member bench, headed by Justice Rizvi, adjourned the hearing.
