Sheikh FAROOQ AHMAD vs GOVERNMENT OF PUNJAB S — 2026 PLC(CS) 707 LAHORE-HIGH-COURT-LAHORE

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Sheikh FAROOQ AHMAD VS GOVERNMENT OF PUNJAB S.20---Constitution of Pakistan, Art.199---Contractual appointment in TEVTA---Challenge to termination through constitutional petition---Maintainability---Availability of statutory appeal---Service dispute being governed by master and servant relationship---TEVTA service governed by non-statutory regulations---Enforceability of internal service rules through constitutional petition---Impermissibility---The petitioner after retiring as Chief Engineer from the C&W Department was appointed on contract as Advisor (Projects and Planning) in TEVTA through an advertised selection process---Later, pursuant to a governmental review of post-retirement appointments, a committee treated his appointment as objectionable and directed termination of his contract, leading to the impugned order---Held: Petitioner indeed had an alternate efficacious remedy available to him in the form of an appeal provided under S.20 of the Punjab Technical Education and Vocational Training Authority Act, 2010, which remedy was never availed and the petitioner opted to invoke the constitutional jurisdiction of the High Court without exhausting the remedy of the appeal provided by the statute, which governed the contractual appointment of the petitioner, thus the present petition was not maintainable on this score alone---Another aspect of the case was that the petitioner was an employee, who was appointed on contractual basis and the relationship was governed under the principle of Master and Servant---The relationship of master and servant implied a contractual relationship in which one party agreed to be under control of the other, therefore, constitutional jurisdiction under Article 199 of the Constitution could not be invoked in such relationship---It was an admitted position that rules governing the petitioner's service with TEVTA i.e. TEVTA Service Regulations, 2011, were non-statutory in nature---Where the conditions of service of an employee of even a statutory body were not regulated by statutory rules and were governed under the terms of a contract or the rules/instructions/regulation for internal use, the relationship of the employee with such instrumentality would be governed by the principle of master and servant and any violation thereof could not be enforced through constitutional jurisdiction---Constitutional petition was dismissed being not maintainable.

Sheikh FAROOQ AHMAD vs GOVERNMENT OF PUNJAB S — 2026 PLC(CS) 707 LAHORE-HIGH-COURT-LAHORE

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