| Citation(s) |
|---|
| 1999 SLG 477 1999 SLD 477 1999 SCMR 2398 |
Supreme Court of Pakistan
Civil Appeal No.939 of 1994, decision dated: 9-10-1998. (On appeal from the judgment dated 19-1-1993 passed by the Federal Service Tribunal, Islamabad, in Appeal No.271 (L) of 1989)
AJMAL MIAN, C.J., MUNAWAR AHMED MIRZA AND CH. MUHAMMAD ARIF, JJ.
Sh. Zamir Hussain, Advocate Supreme Court and Tanvir Ahmad, Advocate-on-Record (absent) for Appellant. Hafiz S.A. Rehman, Senior Advocate Supreme Court, and Ejaz Muhammad Khan, Advocate-on-Record for
Respondent
Civil Appeal No.939 of 1994, decision dated: 9-10-1998. (On appeal from the judgment dated 19-1-1993 passed by the Federal Service Tribunal, Islamabad, in Appeal No.271 (L) of 1989)
AJMAL MIAN, C.J., MUNAWAR AHMED MIRZA AND CH. MUHAMMAD ARIF, JJ.
Sh. Zamir Hussain, Advocate Supreme Court and Tanvir Ahmad, Advocate-on-Record (absent) for Appellant. Hafiz S.A. Rehman, Senior Advocate Supreme Court, and Ejaz Muhammad Khan, Advocate-on-Record for
Respondent
WATER AND POWER DEVELOPMENT AUTHORITY and others
VS
SHAMSHADULHAQ
Law:
Section:
Pakistan Water and Power Development Authority Pension Rules, 1977--R. 5---Pensionary benefit and medical expenses---Settlement---Civil servant while performing his duties as - Assistant Lineman on electric pole, got electrocuted and fell down sustaining "crush fraction of the body" and suffered serious injuries and was declared invalid for further service by approved Medical Board---Crush fracture sustained by civil servant according to Medical Board had resulted in "paraplegia" which was specially covered by Item 5, cl.(a) of R.5 of Pakistan Water and Power Development Authority Pension Rules, 1977---Civil servant in view of permanent disability whereupon he was retired from service; fell within category of "invalid pension" ---Service Tribunal had rightly awarded pension and payment of medical expenses to civil servant. JUDGMENT MUNAWAR AHMED MIRZA, J.---This appeal, by leave of the Court, is directed against judgment dated 19-1-1993 passed by Federal Service Tribunal, Islamabad, in Appeal No.27(L) of 1989. 2. Relevant facts briefly mentioned are that respondent Shamshad-ul-Haq was employed by WAPDA as Assistant Lineman towards February, 1978. While performing his duties on electric pole he got electrocuted and fell down sustaining "crush fracture of the body of the tenth thoracic vitb. Resulting in Paraplegia". WAPDA Medical Board of 25-7-1985 gave opinion that damage sustained by respondent Shamshad-ul-Haq was of permanent nature. The opinion was conveyed by Medical Superintendent WAPDA Hospital, Lahore to Sub Divisional Officer, IInd Division, Mian Channu and other concerned authorities. Result of the medical examination is reproduced below:----- No.HOSP/30593(3)Retd: 5114, dated 30 July, 1983 The Sub-Divisional Officer, (E) Wapda 2nd Division. MIAN CHANNU. Subject: MEDICAL EXAMINATION. Medical Board has examined Mr. Shamshad-ul-Haque, A.L.M. on 25-7-1983 in WAPDA Hospital, Sunny View, Lahore. The person was electrocuted while working on an electric pole and fell down sustaining crush fracture of the body of the tenth thoracic vitb., resulting in paraplegia. In the opinion of the Board, the damage sustained is permanent one and the person is no more fit…
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