| Case ID |
047d55d2-1f75-4942-b529-f5b00852d179 |
| Body |
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| Case Number |
Civil Petition No.2255-L of 2000 |
| Decision Date |
Mar 29, 2002 |
| Hearing Date |
Mar 14, 2002 |
| Decision |
The Supreme Court dismissed the petition of Iftikhar Ahmad Qureshi, affirming the decision of the Lahore High Court which had previously dismissed his constitutional petition. The court found that the petitioner was declared permanently unfit for carrying out flying duties based on medical assessments, and it was determined that he had not been discriminated against compared to other pilots who were medically fit. The petitioner's claims were deemed unsupported as he had voluntarily accepted insurance compensation for the loss of his pilot's license. The court ruled that the petitioner could not maintain his constitutional petition under these circumstances, resulting in the dismissal of his appeal. |
| Summary |
This case revolves around the constitutional petition filed by Iftikhar Ahmad Qureshi, a former pilot of Pakistan International Airlines Corporation (PIAC), who challenged the decision of the Medical Review Board that declared him permanently unfit for flying duties. The Supreme Court of Pakistan upheld the decision of the Lahore High Court, emphasizing that the petitioner had been given ample opportunity to prove his medical fitness but failed to do so. The court noted that other pilots and flight engineers were found fit and allowed to resume their duties. The ruling highlighted the importance of medical assessments in aviation and the legal implications of accepting insurance benefits related to the loss of a professional license. This case serves as a precedent in matters concerning occupational health assessments and the rights of employees in the aviation sector, reinforcing the standards set by medical authorities in determining fitness for duty. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Civil Aviation Authority,
Pakistan International Airlines Corporation (PIAC),
Medical Review Board
|
| Judges |
QAZI MUHAMMAD FAROOQ,
ABDUL HAMEED DOGAR
|
| Lawyers |
S. M. Masud, Advocate Supreme Court,
M.A. Qureshi, Advocate-on-Record,
Kh. Saeeduzzafar, Deputy Attorney-General
|
| Petitioners |
IFTIKHAR AHMAD QURESHI
|
| Respondents |
GOVERNMENT OF PAKISTAN through Mrs. Nargis Sethi Joint Secretary, Ministry of Defence, Aviation Division, Rawalpindi
|
| Citations |
2003 SLD 983 = 2003 PLC 776
|
| Other Citations |
Export Promotion Bureau and others v. Qaiser Shafiullah 1994 SCMR 859
|
| Laws Involved |
Constitution of Pakistan (1973)
|
| Sections |
185(3),
199
|