FCCP: Probationer Has No Vested Right To Permanent Appointment - UrduPoint
Federal Constitutional Court of Pakistan (FCCP) Ruling
ISLAMABAD, (APP - UrduPoint / Pakistan Point News - 6th Oct, 2026)
A three-member bench of the Federal Constitutional Court of Pakistan (FCCP), comprising Chief Justice Aminuddin Khan, Justice Aamer Farooq, and Justice Ali Baqar Najafi, has delivered a significant ruling regarding probationary employment.
Key Points:
- The FCCP held that an employee appointed on probation has no vested right to permanent appointment or continuation in service.
- Termination during probation for unsatisfactory performance is generally permitted without a hearing.
- However, where termination is based on allegations of corruption or misconduct, a show-cause notice and fair proceedings are required.
- The court emphasized that employers cannot use "unsatisfactory performance" as a pretext for punitive or mala fide terminations.
- No violation of Articles 4 or 25 of the Constitution was found.
Case Details:
The ruling stemmed from a petition filed by the Director General of the National University of Modern Languages (NUML) and others against Rahat Mahmood, whose services were terminated during his probationary period due to unsatisfactory performance. The Balochistan High Court had previously ruled in Rahat Mahmood's favor, but the FCCP overturned that decision.
NUML’s Petition:
The FCCP converted NUML's petition into an appeal and ruled in their favor, confirming that Rahat Mahmood's termination was consistent with the terms of his appointment.