Law: Constitution of Pakistan, 1973

Section: 25,199

Constitution of Pakistan, 1973-- ----Art. 199--Constitutional Petition--Petitioner was serving as clerk in PWD--Liver transplantation in India--Claim for reimbursement of medical expenses--Requirement of special medical board--Necessity of medical treatment abroad--Prior approval by competent authority--Obtaining of sanction from ministry of health--Request for medical aid--Turned down--Appeal before P.M.--Pending--Inordinate delay--Policy guidelines--Admittedly, before proceeding to India, petitioner had not been sanctioned medical treatment abroad at State expense--Petitioner had proceeded abroad after about ten months from when he first applied for financial aid for his treatment--Instant writ petition was filed more than seven years after petitioner's request for reimbursement of his medical expenses had been turned down--No explanation has been given by learned counsel for petitioner for inordinate delay in approaching this Court--Cabinet had, decided inter- alia that "the facility for medical treatment abroad at public expenditure should be withdrawn." Additionally, on 24.02.1997, policy for arranging medical treatment abroad for public representatives/government officers at State expense was revoked by then Prime Minister--It was also decided that no exceptions were to be made in this regard and that requests for treatment abroad at State expense would not be processed either by Ministry of Health (Government of Pakistan) or by Provincial Health Departments--Petitioner filed instant petition more than nine years after his request for reimbursement of his medical expenses had been finally turned down by Ministry of Health--Even after submitting a belated appeal to Prime Minister, petitioner waited for almost two and a half years before filing instant petition--Petition was dismissed. Constitution of Pakistan, 1973-- ----Art. 25--Ideal of equality--Discretion--As per said policy guidelines, special medical board at Ministry of Health has to certify necessity of medical treatment abroad--Medical treatment abroad is to be made available only for cases where treatment is not available within Pakistan and where there are reasonable chances of saving…

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