2003 PLP 1961 (SCMR)

‑‑‑‑Art.185(3)‑‑Constitutional jurisdiction of Supreme Court‑‑‑Disputed question of fact‑‑‑Benevolent fund‑‑‑Invalidation grant ‑‑‑ Disease of hypertension‑‑‑Civil servant retired from service on medical grounds and applied for grant of invalidation grant of benevolent fund‑‑‑Benevolent Funds Board, turned down the request of the civil servant on the ground that the same could not be granted on the basis of the disease/disability of hypertension‑‑‑Validity‑‑‑Question of fact having been decided by the Authorities in the light of procedure/rules, High Court had rightly declined to grant relief in exercise of jurisdiction under Art.199 of the Constitution, to the civil servant‑‑‑Leave to appeal was refused. Sh. Masood Akhtar Advocate‑on‑Record for Petitioner. Nemo for Respondents. Date of hearing: 21st February, 2003. IFTIKHAR MUHAMMAD CHAUDHRY, J.‑‑‑This petition for leave to appeal has been filed against the order passed by Lahore High Court, Lahore whereby Writ Petition No. 19443 of 1999 instituted by the petitioner has been dismissed.

2. Brief facts leading to the filing of this petition are that petitioner joined Education Department as a Matric J.V. Teacher on 1‑5‑1959 and served the department in various schools. The petitioner retired from service on 1‑10‑1990 on medical ground. The grievance of the petitioner is that he applied to the respondent department for grant of invalidation grant of Benevolent Fund. Secretary, Benevolent Fund Boards, Lahore Division turned down the request of the petitioner, vide order dated 12th July, 1994. He filed Writ Petition No.21876 of 1997 before the Lahore High Court, Lahore which was dismissed for non‑prosecution on 10‑3‑1998. An application for its restoration was filed but the same was also dismissed on 27‑5‑1998 for non‑prosecution. Likewise application restoration of the application was dismissed on 6‑5‑1999. Subsequently the petitioner filed Writ Petition No.10927 of 1999, which was dismissed for non‑prosecution on 8‑7‑1999. Application seeking restoration was dismissed for non‑prosecution on 13th September, 1999. Ultimately the petitioner filed Writ Petition No.19443 of 1999, which has been dismissed by means of impugned order. As such instant petition for leave to appeal has been filed.

3. Learned counsel stated that petitioner had suffered from disease of hypertension during period of his service, therefore, he was entitled for the grant of Benevolent Fund.

4. We are not inclined to agree with the learned counsel for the reason that the Secretary, Benevolent Fund Boards, Lahore vide letter dated 12th July, 1994 informed that the Tribunal examined the case of the petitioner and held that the disease/disability on the basis of which Benevolent Fund is claimed cannot be granted to him. Since question of fact has been decided by the Tribunal in the light of procedure/rules, A therefore, the High Court was right in declining to grant relief to the petitioner in exercise of Constitutional jurisdiction under Article 199 of the Constitution of Islamic Republic of Pakistan. Since .no question of law requiring interpretation by this Court under Article 185(3) of the Constitution of Islamic Republic of Pakistan is involved and the High Court has rightly decided the case, therefore, we see no force in this petition which is dismissed and leave declined. M.H./M‑885/S Petition dismissed.