Case Details

Citation(s)
1981 SLG 3018 = 1981 SLD 3018 = 1981 PLC 487
Service Tribunal, Sindh
Appeal No. 36 of 1980, decided on 9th December, 1980.
Presented By: Mushtak Ali Kazi, Chairman, Walayat Ahmad Khan and G. A. Mughal, Members

NAZIR AHMED SIDDIQUI

VERSUS

GOVERNMENT OF SIND AND 2 OTHERS

Law: Sindh Service Tribunals Act, 1973

Section: 4

West Pakistan Government Servants (Medical Attendance) Rules, 1959 R. 14 read with Sind Government. Finance Department Cir cular No. F D (SR-11) 11.9/77, dated 4th December, 1977 -Reimbursement of medical charges-Medical treatment abroad Prior concurrence of Finance Department - Whether essential-- Medical Board constituted by Government certifying that appel lant's treatment was not available in Pakistan and if not treated abroad in U. K. might be disabled permanently--Obtained leave ex-Pakistan for treatment-Submitting medical expenses bill duly counter-signed by Embassy of Pakistan on return from abroad-Claim rejected on ground that prior concurrence of Government or Finance Department' not obtained--Objection without examin ing claim on merit, held, unjustified and reimbursement claim ought to be allowed-Sind Service Tribunals Act (XV of 1973), S. 4.                                                                                                                                                     ORDER MUSHTAK ALI KAZI (CHAIRMAN).-This appeal arises from an order of the Government rejecting the claim of the appellant for reimbursement of medical charges for his treatment abroad. The appellant was serving as Chief Design Officer in Irrigation and Power Department. In August, 1978, the appellant fell ill and the medical board constituted by the Secretary to the Government of Sind, Health Department, gave the report that the appellant should proceed abroad for treatment as the same was not available in Pakistan and in case the appellant remained in Pakistan he might be disabled for further service. The appellant accordingly applied to the Government for leave for the purpose of treatment abroad on the basis of the certificate issued by the medical board recommending such treatment. The…
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