Federal Constitutional Court issues major order regarding contract employees

ISLAMABAD: The Federal Constitutional Court has issued a major order regarding contract employees. The Constitutional Court issued a four-page judgment written by Justice Arshad Hussain.

The court, while ordering the permanentization of the dispensers of the former FATA, directed the provincial government to issue notifications of permanentization to the dispensers from the date of their appointment in 2002.

The court decision stated that the case of the employees falls within the purview of the federal cabinet on August 29, 2008. The cabinet had decided to make all employees from grades one to 15 permanent in 2008. The record does not prove that the employees were recruited for any specific project.

The written judgment stated that instead of making them permanent, the employees were illegally dismissed in 2010, appointments made on contract for permanent work would be considered unconstitutional, the basis of the permanence of employees is the principle of equality and fundamental constitutional rights.

The Federal Constitutional Court declared that this is not just a case of employment but a matter of fundamental rights, the present case is directly related to the fundamental constitutional right to life, it is necessary for the fundamental right to life that citizens have permanent employment.

The judgment stated that contract appointments in exchange for permanent posts are not legally valid, the Constitution intends that all citizens should be treated equally, temporary recruitment of employees in government institutions has become a custom, the Supreme Court has always opposed temporary appointments of employees.