Federal Constitutional Court of Pakistan (FCCP) has held that an employee appointed on probation has no vested right to permanent appointment or continuation in service, while termination during probation on grounds of unsatisfactory performance ordinarily does not amount to dismissal or removal from service. A three-member bench comprising Chief Justice Aminuddin Khan, Justice Aamer Farooq and Justice Ali Baqar Najafi gave the ruling while deciding a petition filed by the Director General of the National University of Modern Languages (NUML) and others against Rahat Mahmood.

The court set aside the Balochistan High Court judgment of March 31, 2026, and restored the order terminating Rahat Mahmood’s services during probation due to unsatisfactory performance. The FCCP held that probation enables an employer to assess an employee’s competence, suitability and performance and determine whether continuation in service is in the institution’s interest. Although appointed against a civil post, a probationer remains temporary during the probationary period and acquires no vested right to permanent appointment. The court observed that ordinarily no hearing was required before termination solely for unsatisfactory performance.

However, where termination was based on allegations of corruption or misconduct that could adversely affect the employee’s future, a show-cause notice and proceedings in accordance with law would be necessary. The court cautioned that an employer could not use “unsatisfactory performance” as a pretext for punitive or mala fide termination and that a probationer’s future should not be unnecessarily stigmatized. It held that no violation of Articles 4 or 25 of the Constitution was established. The FCC converted NUML’s petition into an appeal and allowed it, holding that Rahat Mahmood’s termination was in accordance with the terms of his appointment.

Credit: Independent News Pakistan (INP)