Law:

Section:

Constitution of Pakistan (1973)-.----Art. 212(3)---Retirement from service on medical ground---Civil servant had been suffering from mental ailment and was referred to several specialists for treatment---Medical Board ultimately opined that civil servant was not fit for remaining in service---Civil servant was retired on basis of such opinion---Civil servant's appeal before Service Tribunal was dismissed---Leave to appeal---Civil servant's plea was, that the Psychiatrist whose opinion had been referred to in the Medical Board's opinion having started treatment of civil servant. his subsequent certificates indicated that he was responding to the treatment and was improving, thus order of retirement was not warranted by law---Question whether civil servant was fit enough to remain in service or not, was a question of fact which had been thoroughly considered by Service Tribunal---Members of Medical Board had no personal motive against civil servant to make incorrect recommendation---Record showed that employer had made efforts to provide best available medical treatment to civil servant, which would not have been done if employer had intention to retire civil servant from service---Question of fact, was thus not a fit question to be examined by Supreme Court---Leave to appeal was refused. ORDER AJMAL MIAN, J.---Leave to appeal is sought against the judgment dated 17-12-1988 passed by the Federal Service Tribunal, Islamabad, hereinafter referred to as the Tribunal, declining the petitioner's above appeal against the order dated 23-4-1985 whereby the petitioner was retired from service on medical ground. 2. The relevant facts are that the petitioner was working as an Assistant Typist in the office of Administrative Manager, Pakistan International Airlines Corporation. It appears that the petitioner was suffering from a mental ailment, namely, schizo-affective phychosis. He remained on leave on several occasions on account of the', above ailment. He was referred to several Specialists for treatment by the respondents. It appears that the Medical Board of the respondents on 11-3-1985 opined that he was not fit for remaining in service, the operative portion of the…

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