2016 PLP (C (PLC(CS))

ALI BAQAR NAJAFI, J.

Through this petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 the petitioner challenges letters dated 27.01.1998 and 28.02.2006 of Government of Punjab, Health Department, to be void and without lawful authority and prays for issuance of direction to the respondents to release 8500- Pounds Sterling in his favour as reimbursement of his medical charges already incurred by him.

2. Brief facts giving rise to the filing of this writ petition are that in the year 1988 the petitioner was posted as Additional District and Sessions Judge, Khushab, and during summer vacation he went to United States of America (USA) on Ex-Pakistan Leave to see his ailing mother (who later died) with the permission of the Government. During his stay in the USA, he complained of a severe chest pain whereafter he consulted the Cardiologist who found that the petitioner was suffering from critical coronary artery disease and was advised to undergo surgery immediately. Of course, he was left with no option except to follow the advice, therefore, on 19.08.1988 he got himself admitted in Buffalo General Hospital Buffalo, New York and underwent the open heart surgery by incurring expense of 18560 U.S Dollars which he borrowed from his brother with the commitment to repay after its reimbursement from the Government of Punjab. On return he applied before the authority on 03.12.1988 to reimburse the medical charges which was also recommended by the Lahore High Court to the Government of Punjab vide letter dated 09.04.1989 and on 09.03.1992 the Government of Punjab sanctioned the reimbursement of 8500 Pound Sterling in lieu of his claim of 18560 US Dollars which was also conveyed to the Ministry of Health. The petitioner got verified the vouchers from the Embassy of Pakistan and USA and requested for expeditious reimbursement of the medical expenses. However, on 27.01.1998 the sanction for reimbursement of medical charges incurred by him has been turned down since there was a ban on treatment abroad. Consequently, the petitioner filed W.P.No.2861 of 1998 which was disposed of on 27.01.2004 with the direction to the Health Secretary, Government of the Punjab, to accord personal hearing. to the petitioner but the petitioner being dissatisfied approached Hon'ble Supreme Court, where his petition was decided on 24.11.2005 with the observation that if the petitioner's representation has been turned down, he could challenge it before the appropriate forum.

3. In the report and parawise comments submitted by the respondents it is reiterated that since a ban has already been imposed on the reimbursement of medical funds on account of treatment abroad vide some letter issued in March, 1997, therefore, no relief can be granted.

4. Arguments heard. Record perused.

5. Admittedly, the letter issued in the month of March, 1997 is subsequent to the sanction accorded to the petitioner in the year 1992 which also does not make it operative retrospectively as laid down in Irshad Hussain v. Secretary, Ministry of Finance and others (PLD 2002 SC 387). Under section 6 of the West Pakistan Government Servants (Medical Attendance) Rules, 1959, a Government servant is entitled to receive from the Government any amount paid by him on account of medical attendance on production of certificate in writing by the authorized medical attendant in this behalf. Under section 13 such reimbursement is also permissible if a Government servant was sent abroad on duty. Section 13 is reproduced as under:- "

13. Government Servants who are sent abroad on duty by Government shall be allowed the following facilities for purpose of medical treatment during the period they are on duty abroad:- (i) Reasonable costs of treatment will be met by the Government, if a Government servant actually falls ill while he is on duty abroad. The treatment will be on the scale laid down in the above rules. (ii) No routine check-up will be permitted at Government expense nor would Government accept liability for treatment of any disease from which a Government servant may have been suffering while in Pakistan and for which he may take the opportunity of his visit to a foreign country to receive treatment. Cases in which a disease from which a Government servant may have been suffering while in Pakistan, takes a turn for the worse and requires urgent treatment, may be considered on merits. (iii) The treatment would be limited to the country and the place to which the Government servant has been sent on duty."

6. A scanning of the above provisions of law and the principle of law laid down by the Hon'ble Supreme Court, it is abundantly clear that the petitioner who went abroad on duty with a permission from the Government had to incur the medical expense on emergency basis which he claimed and was allegedly permitted but subsequently by misinterpreting the letter of March 1997, a retrospective effect was extended as a result of which the said sanction was cancelled. I am afraid, these acts are unwarranted under the law as the earlier sanction has neither been set aside nor it is the case of the respondents that the petitioner is not entitled to the medical expenses prior to the letter issued in March 1997. The West, Pakistan Government Servants (Medical Attendance) Rules, 1959 are explicit and unambiguous requiring the reimbursement of the expenses incurred by the petitioner.

7. For the above said reasons, I allow this petition and set aside orders dated 27.01.1998 and 28.02.2006 and direct the respondents to reimburse the expenses already incurred by the petitioner within a period of one month from today. ZC/I-38/L Petition allowed.