Law:

Section:

Punjab Government Servants (Medical Attendance) Rules, 1959--- ----Rr. 6 & 3---Policy for Treatment Abroad of Punjab Civil Servants dated 07-09-1986---Constitution of Pakistan, Art.25---Treatment abroad of family member of civil servant---Reimbursement of medical expenses---Scope---Employee being retired civil servant applied for reimbursement of medical expenses incurred on the treatment abroad of her daughter but same was declined---Constitutional petition for reimbursement of medical expenses was allowed by Single Judge of the High Court---Validity---Reimbursement of medical expenses was granted to another retired employee which were incurred abroad despite the ban imposed on reimbursement of medical charges---If a patient was suffering from a disease or disability for which no treatment was available in Pakistan then he was entitled to treatment abroad and reimbursement as per Rules---Special Medical Board was constituted to examine the case of daughter of employee---Patient was in dire need of liver transplant which had to be carried out immediately---Liver transplant was not available in Pakistan---Employee followed the process as provided under the Rules, got necessary approval and took his daughter to a hospital in India for treatment---Government could not formulate its own criteria stating that a person of higher rank was more deserving than someone of lower rank---Criteria would be the genuineness of medical assistance required and fulfillment of criteria given in the Rules and the Policy---Punjab Government Servants (Medical Attendance) Rules, 1959 allowed treatment to family members which included son and daughter of a government servant---No illegality had been pointed out in the impugned order passed by the Single Judge---Intra court appeal was dismissed in circumstances. THIS ORDER PASSED BY: JAWAD HASSAN, JUSTICE---.--- Chief Secretary, Government of Punjab through this ICA has impugned judgment dated 08.05.2017 passed by the learned Single Judge in W.P. No.11181/2013. 2. The case of the Appellant is that Respondent No.1 was a retired government servant and after his retirement his daughter fell ill and required her liver transplant. A…

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