The Federal Constitutional Court has issued a notice to the Khyber-Pakhtunkhwa government regarding the dismissal of employees appointed during the interim government.
“The hiring 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 upon assuming power.
Justice Hasan Rizvi noted that the provincial assembly had passed the Employee Dismissal Act. The KP Employee Removal Bill 2025 was passed in January, requiring the provincial government to dismiss certain government employees appointed during the interim government’s tenure in 2023.
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According to the legislation, employees who have been “illegally hired by the interim government” in 2023 will be fired from their jobs. Following the adoption of the bill, relevant institutions and departments issued notices regarding the dismissal of employees.
The bill provides that a six-member committee will be formed under the chairmanship of the Establishment Secretary, which will consist of the Advocate General, the Departments of Law, Finance and Administration, and other relevant secretaries.
The bill states that “employees, illegally appointed, shall be deemed to have never been appointed and their appointments are declared void ab initio.” It also provides compensation for persons acting under this Act: “No suit or other legal action shall be brought against any person for any action taken 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 Department of Higher Education and the Advocate General of Khyber Pakhtunkhwa. A two-member bench, headed by Justice Rizvi, adjourned hearing of the case.
