Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan--- ----Art. 199---Constitutional petition---Maintainability---Bank Employee---Petitioner being retired employee of a Bank moved constitutional petition for reimbursement of medical charges---Plea of employee was that he was entitled for reimbursement of amount spent on the medical care of his wife---Validity---High Court while exercising constitutional jurisdiction could not entertain the grievance of petitioner-employee against Bank---Petitioner might avail appropriate remedy as provided to him under the law---Constitutional petition was dismissed being not maintainable. Shafique Ahmed Khan and others v. NESCOM through Chairman Islamabad and others PLD 2016 SC 377 rel. THIS JUDGMENT DELIVERED BY: ADNAN-UL-KARIM MEMON, J.--- The Petitioner seeks following relief(s) in the above captioned Constitutional Petition as under:- a) To direct the respondents Nos. 1 to 4 to grant full medical facilities to the petitioner, his second wife Mrs. Shama Hasan and Children (from the said wedlock) since the date of marriage i.e. 31.08.2015. b) To direct the respondents Nos.1 to 4 to Reimbursement to petitioner the amount of Rs. 912,815/- which was spent by him on the medical care of his first wife late Mrs. Talat Ara (who died on 22.04.2013). 2. Brief facts of the above referred petition are that the Petitioner is retired employee of State Bank of Pakistan. Petitioner has submitted that his first wife Messrs Talat Ara, died due to long illness and the Petitioner borne all medical expenses incurred in the medical treatment of her wife, though as per rules and Regulations the Government of Pakistan was bound to bear the aforesaid medical expenses. Petitioner added that after death of Petitioner's first wife he contracted second marriage with Mrs. Shama Hasan. Petitioner has further submitted that after the death of the Petitioner's wife he is entitled to collect pension amount as well as other benefits i.e. Life time medical facilities and other benefits but the Respondents Nos. 3 and 4 declined the same through correspondence and declared Petitioner's second wife Mrs. Shama Hasan and Children if any from the said wedlock will be entitled to collect only…

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