PESHAWAR: The Peshawar High Court has set aside a Pakistan Post recommendation to declare the 2022 recruitment process for around 750 employees in its Khyber Pakhtunkhwa Circle null and void, declaring the relevant letter illegal.

Accepting four almost identical petitions by scores of Pakistan Post employees against the letter issued on July 10, 2024, a bench consisting of Justice Ijaz Anwar and Justice Farah Jamshed observed that it had yet to be determined whether there was any illegality or irregularity in the selection process or the petitioners were appointed in accordance with the law as neither the employees or the employer had been put to departmental proceedings nor had their individual case been scrutinised.

Referring to different superior court judgements, it declared: “Keeping in view the above principles set by the Supreme Court when there are allegations of irregularities in the process of selection, we deem it appropriate to strike down the impugned letter with further direction to the respondents to treat the petitioners in accordance with law and to provide them proper opportunity of hearing and fair trial as provided in Article 4 of the Constitution of Islamic Republic of Pakistan, 1973, read with the Civil Servants (Efficiency & Discipline) Rules, 2010.”

Ms Aniqa Waheed and other petitioners had requested the court to set aside the operation of the impugned letter issued on July 10, 2024, and any other process initiated before or after the issuance of that letter related to the recruitment process.

Directs govt to provide opportunity of fair trial to petitioners

They also sought declaration of the court that the recruitment by the Pakistan Post was in accordance with the law and rules, and fulfilled all codal formalities.

Respondents in the petitions included the federal communication secretary and postmaster general and Pakistan Post director general.

After the instant petitions were filed, the court granted them interim relief in Aug 2024, directing respondents not to terminate services of the petitioners.

“In terms of the definition of ‘misconduct’ getting appointment by asserting exterior influence has been termed as misconduct within the meaning of the law for which departmental proceedings can be initiated in terms of Civil Servants (Efficiency & Discipline) Rules, 2020,” the bench observed in its 19-page detailed judgement.

“Scrapping the whole appointment process without providing any right of hearing to the appointees, besides considering their eligibility against the relevant posts would be in fact violation of Article 4 and 10-A of the Constitution of Islamic Republic of Pakistan, 1973.”

The court declared that having been appointed against the posts in question, petitioners had the protection of the law and were to be treated in accordance with the law. It added that for determining the petitioners’ civil rights and obligations, they should be entitled to fair trial and due process of the law.

The court observed that there were views of the superior courts that instead of taking action against the petty employees, action should be taken against the persons and appointing authority who had violated the law or rules in making appointments.

The petitioners’ counsel, Sultan Mohammad Khan, argued that pursuant to the selection process, petitioners/ appointees duly applied for the respective posts, gone through the rigors of the appointment process and ultimately, after finding their place in the merit, were issued formal orders of appointment on May 18, 2023.

He contended that the petitioners assumed the charge of their post and started performing their duties. He added that they had even completed their probationary period.

The lawyer said that their main objection was on the recommendation of the respondents for their removal, which was a violation of the Civil Servants (E&D) Rules, 2020.

He contended that the respondents were required to allow proper opportunity of hearing to each of the appointees instead of asking for their “outright removal”.

Some other candidates, who weren’t appointed, had challenged the recruitment process through four petitions, which were disposed of by the court.

Those petitioners claimed that the whole appointment process was manipulated in order to accommodate the appointees. It was argued that the appointment process was dubious and that they were deprived of their genuine right of appointment.

Deputy attorney general Akbar Yousaf Khalil said that after an audit report, an inquiry committee was constituted, leading to recommendations for the annulment of the appointment process as well as action against those involved in the “sham” appointment process.

He added that since the issue was taken up on the direction of the prime minister, a committee was constituted that submitted its report for scrapping the whole process of appointment.

Published in Dawn, June 7th, 2026