1990 PLP 931 (SCMR)

Date of hearing: 18th February, 1990. 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 opinion of the Board reads as follows:‑‑ "The latest report of Brig. M. Fazal Haq, Psychiatrist, M.H. RWP dated 17‑2‑1985 is as follows:‑‑ "In my opinion he is suffering from Schizo‑Affective Psychosis. Unfortunately he does not cooperate to take regular treatment and this has led to progressive deterioration. In my opinion he is not fit to be retained in the service." The prognosis is poor. The Board recommends that keeping in view the old history of his mental illness, his present condition and poor prognosis, Mr. Hafeez‑ud- Din, P‑29161 may be retired from the service of the Corporation on medical grounds. The period of his absence from duty till the decision by the Management may be considered as Special Sick Leave with pay." on the basis of the above opinion the petitioner was retired from service. Thereupon, he filed the above appeal in the Tribunal which was dismissed by the impugned judgment. The petitioner has, therefore, filed the present petition for leave to appeal.

3. In support of the above petition Hafiz S.A. Rehman, learned A.S.C: appearing for the petitioner, has vehemently contended that Brig. M. Fazal Haq, whose opinion has been referred to in the Board's opinion started treatment of the petitioner on 17‑2‑1985 and his subsequent certificates inter alia at pages 45 and 46 of the paper book indicate that in fact the petitioner was responding to the treatment and was improving and, therefore, the order of retirement was not warranted by law. The above question has been thoroughly considered by the Tribunal. It is a question of fact, whether the petitioner was fit enough to remain in service or not. The Members of the Board had no personal motive against the petitioner to make an incorrect recommendation. From the record, it seems that' the respondents had made efforts to provide best available medical treatment to the petitioner, which they would not have done, if they had bad intention to retire the petitioner from service. In any case the above question is not a fit question to be examined by this Court, being entirely a factual question. Leave is accordingly refused. A.A./H‑96/S Leave refused.