FCC declares caretaker-era hiring in K-P illegal

The Federal Constitutional Court (FCC) has declared appointments made during the caretaker period unlawful. while upholding the constitutionality of a law enacted to terminate those employees, in a significant ruling on the scope of interim governments' powers.

A three-member bench headed by Justice Hassan Azhar Rizvi issued a detailed written judgment, stating that caretaker governments are mandated only to carry out day-to-day administrative affairs. cannot take decisions of a permanent nature.

The court observed that a caretaker setup can never be equated in authority with an elected government. adding that all actions taken by such governments are subject to prior approval from the Election Commission of Pakistan.

According to the judgment, recruitment of employees constitutes a permanent action rather than a temporary measure,. therefore falls outside the mandate of a caretaker government.

The court ruled that appointments made between January 2023. February 2024 during the caretaker period in Khyber-Pakhtunkhwa (K-P) were illegal.

It held that the K-P Employees Termination Act 2025 does not violate fundamental rights. It clarified that the fact that a law affects certain individuals does not automatically render it unconstitutional.

The judgment noted that the K-P Assembly. formed following general elections, holds the constitutional authority to legislate, including enacting laws related to public employment.

Consequently, the court dismissed appeals filed by the terminated employees who had challenged both their dismissal. the law under which they were removed.

The case pertains to the recruitment of Grade-IV employees by the K-P caretaker government ahead of 2024 general elections. Following the general elections. the PTI government terminated those employees through legislation, prompting the affected individuals to challenge the move in court.

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