Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan, 1973-- ----Art. 199--Retirement after attaining age of superannuation was a chronic patient of Hepatitis C--Recommendations of civil surgon for early liver transplantation--Application for sanctioning of US Dollar 70000 for liver transplantation at China--Turned down under went a liver transplant at his own expenses--Application for reimbursement of medical charges--Turned down--Withdrawl of facility of medical treatment abroad--Policy regarding medical treatment abroad--Non-obtaining of prior sanction of competent authority by petitioner--Direction to--Court is left with no option but to hold that unless Government decides to abide by its earlier decision to ban medical treatment at State expense for Government servants etc., henceforth guidance shall be taken by Prime Minister from “Policy Regarding Medical Treatment Abroad,” dated 14.01.1996 while deciding applications of Government servants etc--for medical treatment abroad at State expense until a fresh policy on subject is formulated by Government--It is provided that reimbursement of expenditure will not be allowed where prior government approval of competent authority has not been obtained--”Guidelines for Submission and Scrutiny of Medical Claims,” issued by erstwhile Ministry of Health, explicitly provide that expenses incurred on medical treatment abroad will not be reimbursable had obtained prior sanction of competent authority to proceed abroad for medical treatment, this Court cannot direct respondents to process petitioner’s claim for reimbursement--Petition dismissed. 2010 SCMR 1301 ref. JUDGMENT Through the instant writ petition, the petitioner, Gul Muhammad, who is a retired Commissioner Income Tax, seeks a direction to the respondents to reimburse him for the expenses he incurred on his liver transplant in the People’s Republic of China (“China”). 2. The record shows that on 06.04.2008, the petitioner retired on attaining the age of superannuation after 27 years of service. During the last span of his service, he became a chronic patient of Hepatitis C and remained under treatment in different hospitals in Pakistan. On 13.08.2012, the Civil Surgeon at the Medical…

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