| Case ID |
03800620-fbf6-4a74-9a58-fd1d9d889567 |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition for Leave to Appeal No. 65-R of 198 |
| Decision Date |
Feb 18, 1990 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan refused to grant leave to appeal against the judgment of the Federal Service Tribunal which upheld the retirement of the petitioner on medical grounds. The court found that the question of the petitioner's fitness to continue in service was a factual matter thoroughly examined by the Tribunal. The Medical Board's opinion was deemed credible, and no personal motive was found against the petitioner. The court concluded that sufficient medical evidence supported the employer's actions, and thus the appeal was dismissed. |
| Summary |
This case revolves around the retirement of a civil servant, Hafeez-ud-Din, on medical grounds due to a mental ailment identified as schizo-affective psychosis. The Supreme Court of Pakistan examined the findings of the Medical Board, which opined that the petitioner was unfit for service. The petitioner contested this decision, asserting that subsequent treatment indicated improvement. However, the court upheld the Tribunal's decision, emphasizing that the determination of fitness was a factual issue beyond its purview. This case highlights the intersection of employment law and mental health considerations in the public service sector. Keywords: retirement, medical grounds, mental health, legal appeal, public service, Supreme Court. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Pakistan International Airlines Corporation
|
| Judges |
ABDUL QADEER CHAUDHRY,
AJMAL MIAN
|
| Lawyers |
Hafiz S.A. Rehman,
Manzoor Ilahi
|
| Petitioners |
Hafeez-ud-Din
|
| Respondents |
others,
Pakistan International Airlines Corporation
|
| Citations |
1990 SLD 847,
1990 SCMR 931
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973)
|
| Sections |
Art. 212(3)
|