Court Rules Service Rules Not Statutory, State Constitutional Courts Cannot Review Internal Employment Issues
ISLAMABAD:
The Lahore High Court (LHC) has dismissed a constitutional petition challenging dismissal in a strategic organization operating under the National Command Authority (NCA).
In a detailed judgment written 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 the question of whether the applicant’s service framework created enforceable public law rights or remained within the framework of a master-servant relationship.
Justice Hassan reiterated that following an amendment to the NCA Act, the service rules applicable to NCA employees are not statutory unless they are formally approved and notified, thereby excluding judicial review in matters of constitutional jurisdiction.
Applying the established “functional test,” the court emphasized that internal administrative rules lacking legal force do not confer enforceable rights.
The judgment further emphasized judicial restraint in service matters related to strategic and defense-related organizations, reinforcing the limited scope of interference by constitutional courts in these areas.
In 2021, the Islamabad High Court ruled that employees of strategic organizations under the NCA cannot file petitions in constitutional courts to resolve their service issues.
Hearing 108 identical petitions, the bench observed that “commitment to non-proliferation and protection against security breaches 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 primary civilian body responsible for overseeing the employment, policy formulation, exercises, deployment, research and development, and operational command and control of the country’s nuclear arsenals.
