Case Details

Citation(s)
2000 SLG 773 2000 SLD 773 2000 SCMR 443 2000 SLD 1185 2000 SCMR 443
Supreme Court of Pakistan
Civil Appeal No.421 of 1997, decision dated: 17-11-1999.
SAIDUZZAMAN SIDDIQUI, CJ, RAJA AFRASIAB KHAN AND NASIR ASLAM ZAHID, JJ

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Mrs. HAMIDA QURESHI

VS

SECRETARY, MINISTRY OF POPULATION WELFARE, GOVERNMENT OF PAKISTAN Rawalpindi and 2 others

Law:

Section:

Constitution of Pakistan (1973)--Art. 212(3)---Civil service---Retirement on medical grounds ---Re­appointment into service after retirement on medical grounds---Civil servant was declared to be incapacitated for future service by Medical Board and she was retired from service---Civil servant after about eight years of such retirement applied for her reinstatement in service on the ground that she had regained her health and as such was fit to do her official duties---Department refused to reinstate her as earlier the Medical Board had found her to be permanently unfit for further Government service---Service Tribunal upheld the decision of department in appeal filed by civil servant ---Validity--­Service Tribunal dismissed appeal after perusal of material available on record---Civil servant failed to point out any substantial question of law involved in the case---Supreme Court refused to interfere in the order of the Service Tribunal. Divisional Superintendent, Post Office v. Rehman Khan PLD 1994 SC 647 distinguished. Muhammad Siddique Qureshi, Advocate (husband) .for Appellant. Mansoor Ahmad, Deputy Attorney-General with Raja Abdul Ghafoor, Advocate-on-Record for Respondents. Date of hearing: 17th November, 1999. JUDGMENT RAJA AFRASIAB KHAN, J.---Mrs. Hamida Qureshi, the appellant had been a Government servant and as such was posted to do her duties in the Population Welfare Department, Government of the Punjab. In 1986, she had pain in her right knee and also suffered from heart trouble. This being so, on 23-4-1987, she was referred to Medical Board for her medical examination. On 6-5-1987, she was examined by the above Board. She was found unfit for further Government service vide letter of the same date. Its relevant portion reads as under:-- (a) Completely and permanently incapacitated for further service of any kind." Emphasis supplied) In view of her above said health condition, the Director-General Government of Punjab, Planning and Development Department, Population Welfare Programme, Lahore vide his order, dated 22-11-1987 retired the appellant w.e.f. 6-5-1987. The order is as follows:-- "In pursuance of invalid certificate issued by the Medical…
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