RAWALPINDI: The Lahore High Court (Rawalpindi bench) has dismissed a constitutional petition filed by a former employee of an organisation working under the National Command Authority (NCA), ruling that service disputes governed by non-statutory rules do not fall within the ambit of constitutional jurisdiction.

In a detailed judgement authored by Justice Jawad Hassan, the court held that employees of NCA-related entities cannot invoke Article 199 of the Constitution where their service conditions are regulated through internal, non-statutory frameworks.

The petition was filed by Hamayatur Rehman, a former inspector in a strategic organisation, challenging his termination from service and seeking the release of pensionary and other benefits. He contended that his dismissal was carried out without due process and violated his fundamental rights, including the right to fair trial.

However, the court framed the central question as whether the petitioner’s service structure created enforceable public law rights or merely constituted a master–servant relationship, which is ordinarily beyond the scope of constitutional review.

After examining the legal framework, Justice Hassan noted that following amendments to the NCA law, particularly Section 15 of the Act, rules governing employees of strategic organisations were deemed non-statutory unless approved by the federal government and notified in the official gazette. In the present case, the relevant service rules lacked such statutory backing.

Applying the settled “functional test,” the court observed that rules intended solely for internal administration and management do not confer enforceable legal rights. As such, disputes arising under these frameworks remain contractual in nature and cannot be agitated through constitutional petitions.

The judgement relied on precedents, including cases involving entities like Nescom and Nespak, to reiterate that non-statutory service regimes do not attract writ jurisdiction. The court emphasised that even if an organisation performs public functions or operates under a statutory body, its internal service rules must have statutory force to be enforceable through constitutional remedies.

The court also took note of the sensitive and strategic nature of organisations functioning under the NCA, observing that such institutions enjoy a degree of autonomy in administrative and personnel matters. It underscored judicial restraint in interfering with decisions relating to national security and defence-linked bodies.

Addressing the petitioner’s claim of denial of due process, the court found that he had been afforded an opportunity of hearing and that the appellate authority had passed a reasoned order after considering the material on record. The termination, later modified to dismissal on grounds of misconduct and poor performance, was held to be lawful.

In its conclusion, the court ruled that the petition was not maintainable under Article 199 and dismissed it accordingly, while leaving the petitioner free to pursue any alternative remedies available under the relevant service framework.

Published in Dawn, April 5th, 2026