Federal Constitutional Court (FCC) has ruled that appointing employees on contract for permanent positions is unconstitutional, citing the constitutional principle of equality and fundamental rights.
The four-page written ruling, authored by Justice Arshad Hussain, ordered the provincial government to issue regularisation notifications for former FATA dispensers from their 2002 appointment date.
The court determined that the case of employees falls within the scope of the decision of federal cabinet dated 29 August 2008, approving regularisation of all Grade 1 to 15 employees.
Court records confirmed no evidence exists showing these employees were recruited for any specific project, undermining any legal basis for classifying their appointments as temporary or contractual.
Despite the 2008 regularisation decision of the cabinet, the employees were unlawfully dismissed in 2010, rather than being granted permanent status as the cabinet had formally directed.
The court stated this case is not merely an employment dispute but a fundamental rights matter directly linked to the constitutional right to stable livelihood.
The ruling held that the constitutional right to life requires citizens to have permanent employment, making job security a basic and protected entitlement under the constitution of Pakistan.
The Federal Constitutional Court declared that hiring workers on contract against permanent vacancies is legally impermissible and contradicts the constitutional guarantee of equal treatment for all citizens.
The court noted that recruiting government employees on a temporary basis has become widespread institutional practice, which the superior judiciary has consistently and repeatedly opposed over many years.
