Law:

Section:

West Pakistan Government Servants (Medical Attendance) Rules, 1959--- --------Rr. 6 & 3---Civil service---Reimbursement of medical charges---Scope---Treatment from a private hospital---Government turned down request of employee for reimbursement of medical charges on the ground that treatment from private hospital had been banned---Validity---Issue of treatment from private hospital and competency of Director General Health Services to accord ex-post facto sanction had been resolved in another case by the High Court with direction to the government to reimburse medical charges---Patients were referred to the private hospital by the doctor of government hospitals due to non-availability of medical facility in the hospital---No objection could be raised with regard to treatment in the private hospital when rules had allowed treatment of government servants and their relations at private hospital in case of non-availability of facilities in the government hospital(s)---Administrative letter/direction could not override the express provisions of West Pakistan Government Servants (Medical Attendance) Rules, 1959 without amendment in the same giving effect to such direction---Government was directed to allocate funds under head 'medical charges' for reimbursement of medical expenses borne out by the civil servants on treatment of their patients subject to condition that the payment so received by them would be liable to return in case the /order passed in the previous constitutional petition or for that matter present /order was reversed by the Supreme Court---Constitutional petition was allowed accordingly. THIS JUDGMENT DELIVERED BY: QALANDAR ALI KHAN, JUSTICE:------------------ Since identical issues are involved in the instant writ petition as well as in Writ Petition No.983-A/2015, this single judgment/order shall also dispose of the said connected writ petition. 2. In this writ petition, by invoking the constitutional jurisdiction of this Court under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, Abdul Baseer, an Additional District and Sessions Judge in the Judicial Department of the Government of Khyber Pakhtunkhwa and presently…

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