Court directs Khyber Pakhtunkhwa government to consider assigning employee a post matching his qualifications after 10 years of service.
ISLAMABAD: The Federal Constitutional Court on Thursday described the employment of a Master of Arts (MA) degree holder as a sweeper in Khyber Pakhtunkhwa (KP) as a “tragedy”, directing the provincial government to consider assigning him a position more suited to his educational qualifications.
A three-member bench, headed by Justice Hassan Azhar Rizvi, dismissed the provincial government’s appeal against the employee’s appointment, thereby upholding the earlier judgement of the Peshawar High Court.
During the hearing, Justice Rizvi questioned the circumstances that had led an MA graduate to perform sweeping duties, asking, “Is an MA graduate now expected to work as a sweeper?”
The bench observed that terminating the employee after he had completed ten years of service would not be appropriate. Instead, it advised the provincial government to explore the possibility of accommodating him in a position commensurate with his qualifications.
When the Additional Advocate General informed the court that there were currently no vacancies for sweepers in Khyber Pakhtunkhwa, Justice Rizvi responded, “Is Khyber Pakhtunkhwa so clean that there is no need for a sweeper?” He added that similar claims had been made regarding other provinces.
Expressing concern over the matter, the court remarked that the system deserved “commendation” for assigning sweeping duties to an MA graduate, describing the entire situation as a “tragedy” that reflected poorly on public sector employment practices.
The District Education Officer, who appeared before the bench, confirmed that the employee’s official responsibilities included sweeping and cleaning duties.
Responding to the statement, Justice Rizvi asked, “Does no one feel ashamed that he is made to sweep?”
After hearing the arguments, the Federal Constitutional Court dismissed the provincial government’s appeal and directed the Khyber Pakhtunkhwa government to facilitate the employee with an alternative post that better matches his academic qualifications while allowing him to continue his employment.
The court’s observations underscore broader concerns regarding the underutilisation of educated individuals in the public sector and highlight the importance of aligning government employment with employees’ qualifications and skills wherever possible.