FCC rules KP govt caretaker-era appointments unlawful

ISLAMABAD – The Federal Constitutional Court (FCC) on Thursday declared appointments made during a caretaker setup illegal, while upholding the validity of legislation used to terminate those employees, in a significant ruling on the limits of interim government authority. A FCC three-member bench headed by Justice Hassan Azhar Rizvi issued a detailed written judgment, holding that caretaker governments are constitutionally restricted to routine administrative matters and cannot take decisions with permanent or long-term consequences. The court observed that a caretaker government cannot be equated with an elected administration in terms of powers and authority, adding that its actions remain subject to oversight and approval by the Election Commission of Pakistan. According to the judgment, recruitment of government employees is a permanent administrative decision and therefore falls outside the constitutional mandate of a caretaker setup. The court declared that appointments made in Khyber-Pakhtunkhwa between January 2023 and February 2024 during the caretaker period were unlawful. It further held that the Khyber-Pakhtunkhwa Employees Termination Act 2025 does not infringe upon fundamental rights, noting that legislation affecting a specific group does not automatically become unconstitutional. The ruling stated that the provincial assembly formed after the general elections has the constitutional authority to enact laws, including those related to public sector employment. As a result, the court dismissed appeals filed by terminated employees who had challenged both their removal and the law under which they were dismissed. The case relates to the recruitment of Grade-IV employees by the K-P caretaker government ahead of the 2024 general elections. After the polls, the elected provincial government annulled these appointments through legislation, leading to legal challenges from the affected employees. FCC holds lawyers’ strikes unconstitutional, hurdle in