| Case ID |
f955be67-bee6-4fe4-ab97-4858b5b42e94 |
| Body |
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| Case Number |
W.P.No. 252y of 2011 |
| Decision Date |
Dec 10, 2014 |
| Hearing Date |
|
| Decision |
The Lahore High Court ruled in favor of the petitioner, determining that he was entitled to reimbursement for medical expenses incurred abroad. The court found that the letter imposing a ban on treatment abroad was issued after the initial sanction granted to the petitioner, and thus did not apply retroactively. The court emphasized that under the applicable laws, a government servant is entitled to reimbursement for medical expenses incurred on account of medical treatment abroad while on duty, especially in emergency situations. The court ordered the respondents to reimburse the petitioner for the expenses within a specified period, overturning previous decisions that denied the reimbursement. |
| Summary |
In the case of W.P.No. 252y of 2011, the Lahore High Court examined the rights of a government servant to receive reimbursement for medical expenses incurred while abroad. The petitioner had incurred substantial medical costs for emergency treatment in the United States, which he sought to recover from the Government of Punjab. The court found that the subsequent imposition of a ban on medical treatment abroad did not apply to the petitioner since it was enacted after the approval of his treatment. The court's decision reaffirmed the rights of government employees under the West Pakistan Government Servants (Medical Attendance) Rules, 1959, highlighting that reimbursement is permissible if the employee is sent abroad on duty. This case underscores the importance of adhering to established laws regarding medical reimbursements and the necessity of considering the timing of regulations in relation to previously granted approvals. Keywords related to the case include 'government servant reimbursement', 'medical expenses abroad', 'Lahore High Court ruling', and 'emergency medical treatment'. |
| Court |
Lahore High Court
|
| Entities Involved |
GOVERNMENT OF PUNJAB
|
| Judges |
ALI BAQAR NAJAFI,
SYED IRSHAD HUSSAIN ABIDI
|
| Lawyers |
Syed Qalb-i-Hassan for Petitioner,
Wali Muhammad Khan, A.A.G. with Ejaz Farrukh, Senior Law Officer for Health Department for Respondents
|
| Petitioners |
|
| Respondents |
GOVERNMENT OF PUNJAB THROUGH CHIEF SECRETARY, LAHORE AND 2 OTHERS
|
| Citations |
2016 SLD 2793,
2016 PLC 319
|
| Other Citations |
PLD 2002 SC 387
|
| Laws Involved |
West Pakistan Government Servants (Medical Attendance) Rules, 1959,
Constitution of Pakistan
|
| Sections |
6,
13,
199
|