Case Details

Citation(s)
2011 SLG 1881 2011 SLD 1881 2011 PLC 1621
Sindh High Court
Constitutional Petition No.D-494 and M.A. No.1894 of 2010, decision dated: 8-06-2010.
FAISAL ARAB AND ABDUL HADI KHOSO, JJ

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Syed MUBARIK ALI ZAIDI

VS

CHAIRMAN, WAPDA, WAPDA HOUSE, LAHORE and 3 others Syed MUBARIK ALI ZAIDI vs CHAIRMAN, WAPDA, WAPDA HOUSE, LAHORE and 3 others

Law:

Section:

Pakistan WAPDA Employees Medical Attendance Rules, 1979-------Rr. 2(c) & 17---Constitution of Pakistan, Art.199---Constitutional petition---Medical treatment to permanent disabled son of WAPDA employee---Case of the petitioner was that his son who met with an accident at the age of 17 years, had suffered from permanent disability, but his medical expenses were not being financed by WAPDA---Rule 17 of Pakistan WAPDA Employees Medical Attendance Rules, 1979, had provided that permanent and totally incapacitated/crippled children of serving, retired and deceased WAPDA employees, who were not able to earn their living, would be allowed medical treatment, irrespective of their age---Said rule, however, had provided that such concession of treatment could be availed only in WAPDA Hospital/Dispensaries where the patient was registered which would mean that entitlement of treatment was given only in WAPDA Hospital---All WAPDA in-door and out-door Hospitals and Dispensaries were included in the definition of 'hospital' as given in S.2(c) of Pakistan WAPDA Employees Medical Attendance Rules, 1979, which would include the hospitals that were not only being run by the WAPDA itself but also such hospitals which were on the panel of the WAPDA---Son of the petitioner, apart from the hospitals which were being run by the WAPDA itself, also was entitled for treatment in hospitals which were on the panel of the WAPDA. Muhammad Attique Siddiqui for Petitioner. S. Javed I. Bukhari for Respondents along with Dr. Humayoon Ghayour Authorized Officer of Respondent No.4, files affidavit which is taken on record. ORDER The case of the petitioner is that his son suffers from permanent disability on account of an accident that he met at the age of 17 years but his medical expenses are not being financed by WAPDA. He referred to Rule 17 of the Pakistan WAPDA Employees Medical Attendance Rules, 1979 as amended upto 1-6-2001 read with definition of hospital as provided in Rule 2(c). Both these Rules are reproduced as follows:--- "17. Permanently and totally incapacitated/crippled children of serving, retired and diseased WAPDA Employees, who are not able to earn their living, will be…
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