Pilots Occupational Disability Fund Bye-Laws

2003 PLC(CS) 776 SUPREME-COURT Judicial Precedent

Para. 17Constitution of Pakistan (1973), Arts. 185(3) & 199Constitutional petition before High Court

Petitioner while serving as Cadet Pilot in Pakistan International Airlines Corporation was declared by its Medical Review Board to be permanently unlit for renewal of Commercial/Private Pilot Licence on the ground of suffering from "Perceptual and Cognitive Deficit" (socia-pathic personality disorder)

High Court dismissed the Constitutional petition filed by petitioner

Validity

Respondents had afforded full opportunity to petitioner to produce his documents and put up his case before Medical Review Board. but he tailed to substantiate his claim that hef was medically fit and able for renewal of commercial licence

Other Flight Engineers and Pilots, who had been found fit, had been taken on their duties, whereas petitioner had not been declared fit, thus, petitioner had not been discriminated

Petitioner had voluntarily received his entire claim from Insurance Company for the loss of his license

Petitioner in such situation could not maintain Constitutional petition and reagitate his claim

Supreme Court refused to grant leave to appeal and dismissed the petition being devoid of force.