The Federal Constitutional Court has issued a notice to the Khyber-Pakhtunkhwa government for dismissal of employees appointed under the interim government.
“The recruitment of my client was done in full compliance with all the requirements under the interim government,” advocate Khushal Khan argued, adding that the current KP government dismissed these employees when they assumed power.
Justice Hasan Rizvi noted that the provincial assembly had passed the law on dismissal of employees. The KP Employees Removal from Service Bill, 2025 was passed in January and mandated the provincial government to dismiss certain civil servants appointed during the interim government’s tenure in 2023.
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According to the legislation, employees who had been “illegally recruited by the interim government” in 2023 will be dismissed from their jobs. After the adoption of the bill, the relevant institutions and departments issued notices about the dismissal of the employees.
It appears from the bill that a six-member committee will be formed under the chairmanship of the establishment secretary, consisting of the general counsel, the law, finance and administration departments and other relevant secretaries.
The bill states that “employees, wrongfully employed, are deemed never to have been employed and their employment is hereby declared void ab initio.” It also provides indemnification to individuals acting under this Act: “No suit or any other legal proceeding shall lie against any person for any act 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 proceedings.
