PHC upholds dismissal of caretaker-era employees

PESHAWAR:

The Peshawar High Court (PHC) on Friday dismissed petitions challenging the termination of employees appointed during the caretaker government, upholding the provincial government's decision as lawful.

A two-member bench comprising Justice Mohammad Naeem Anwar and Justice Kamran Hayat Miankhel heard the case. The petitioners were represented by their respective counsels, while Additional Advocate General Taimur Haider appeared on behalf of the provincial government.

The petitioners' lawyers argued that their clients were legally appointed during the caretaker setup and had been performing their duties diligently. However, after the general elections, the newly elected government dismissed all employees hired during the caretaker period without issuing any show-cause notices or giving them a chance to be heard, which they claimed was a violation of legal norms and procedural fairness. They requested the court to declare the terminations null and void.

In response, Additional Advocate General Taimur Haider informed the court that the legality of the Act under which the employees were dismissed had already been debated extensively in the provincial assembly. He emphasized that the dismissals were carried out through a proper legislative process and under a valid law.

He further argued that the caretaker government's primary mandate was to ensure the conduct of free and fair elections—not to make appointments or carry out policy decisions.