Court rules service rules non-statutory, states constitutional courts cannot review internal employment matters
ISLAMABAD:
The Lahore High Court (LHC) has dismissed a constitutional petition challenging termination from service within a strategic organisation operating under the National Command Authority (NCA).
In a detailed judgment authored by Justice Jawad Hassan, the court held that employees governed by non-statutory service rules cannot invoke constitutional jurisdiction under Article 199 of the Constitution.
The case revolved around whether the petitioner’s service framework created enforceable public law rights or remained within a master–servant relationship.
Justice Hassan reaffirmed that, following an amendment to the NCA Act, service rules applicable to NCA employees are non-statutory unless formally approved and notified, thereby excluding judicial review in constitutional jurisdiction.
Applying the established “functional test”, the court emphasised that internal administrative rules lacking statutory force do not confer enforceable rights.
The judgment further underscored judicial restraint in service matters linked to strategic and defence-related organisations, reinforcing the limited scope of interference by constitutional courts in such domains.
In 2021, the Islamabad High Court ruled that employees of strategic organisations under the NCA cannot file petitions in constitutional courts to resolve their service matters.
While hearing 108 identical petitions, the bench observed that “the commitment to non-proliferation and safeguarding against security lapses is a crucial obligation. The desperation of non-state actors involved in terrorism to gain advantage due to weak control and command or breach of confidentiality is not a mere myth.”
The NCA is Pakistan’s top civilian-led body responsible for overseeing the employment, policy formulation, exercises, deployment, research and development, and operational command and control of the country’s nuclear arsenals.
