Chief Secretary, Government of Punjab through this ICA has impugned judgment dated 08.05.2017 passed by the learned Single Judge in W.P. No,11181/2013.
2. The case of the Appellant is that Respondent No,1 was a retired government servant and after his retirement his daughter fell ill and required her liver transplant. A special medical board recommended her treatment abroad and referred the matter to the Appellant for further instructions. Respondent No,1 took his daughter to Indraprastha Apollo Hospital Delhi, India where she was given a liver transplant and regained her health. Respondent No,1 in terms of the West Pakistan Government Servants (Medical Attendance) Rules, 1959 ("Rules") applied for reimbursement of the medical expenses incurred for the liver transplant. The total expenditures came to Rs,4,744,760/- out of which the Appellant reimbursed Rs,2,000,000/-. Respondent No,1 moved a representation seeking the balance amount of Rs,2,744,760/- which remained outstanding and should be reimbursed to him. The Appellant refused reimbursement of the said claim vide order dated 14.01.2013 stating that Rs,2,000,000/- was granted to Respondent No,1 as financial assistance on compassionate grounds which was otherwise not allowed. Further that reimbursement of medical charges for treatment abroad was not permissible under the Rules.
Respondent No,1 challenged the said order in W.P. No,11181/2013 alleging discrimination pointing out that others in similar position, especially Mr. Jahanzeb Burki, a retired Inspector General of Police, Punjab who was reimbursed an amount of Rs,7.140 million for his medical treatment in Texas, USA, hence the Respondent No, 1 claimed entitled to reimbursement. The learned Single Judge decided the case on the grounds of discrimination while holding that several persons were granted reimbursement of medical expenses including Mr. Jahanzeb Burki, hence Respondent No,1 is also entitled to reimbursement of medical expenses for the treatment of his daughter.
3. Learned Law Officer argued that there are ten examples cited in the impugned judgment, however all ten persons were treated in Pakistan, hence their case is distinguishable. So far as the case of Mr. Jahanzeb Burki is concerned he was granted full reimbursement of his medical treatment in the USA as it was for his own treatment being a high ranking officer owing his performance which Made it necessary to reimburse him for his treatment.
4. We have heard the learned counsel for the parties at length and find no illegality in the impugned order. Admittedly Mr. Jahanzeb Burki was granted full reimbursement of the medical expenses incurred in the USA despite the ban imposed on reimbursement of medical expenses since 1997. The Rules provide for relaxation in cases of special hardship and in terms of the Policy for Treatment Abroad of Punjab Civil Servants dated 7.9.1986 ("Policy") if a patient is suffering from a disease or disability for which no treatment is available in Pakistan then he is entitled to treatment abroad and reimbursement as per Rules. In this case, a special medical board was constituted to examine the case of the daughter of Respondent No,l. In terms of its report dated 17.3.2010 the patient was in dire need of liver transplant, which had to be carried out immediately and the report Categorically stated that the liver transplant was not available anywhere in Pakistan. Therefore, Respondent No,1 followed the process as provided under the Rules, got necessary approval and took his daughter to a hospital in India for immediate treatment.
5. On the ground of discrimination admittedly Mr. Jahanzeb Burki was reimbursed the full amount for treatment abroad. The Appellant cannot formulate its own criteria stating that a person of a higher rank whose performance was considered good was more deserving than someone of lower rank. The criteria would be the genuineness of the medical assistance required and the fulfillment of the criteria given in the Rules and the policy. The governing Rules are West Pakistan Government Servants (Medical Attendance) Rules, 1959 which allow treatment to family members, which includes son and daughter of a government servant. The treatment was certified as not being available in Pakistan as per the special medical board. We note that in fact the policy specifically prohibits treatment in the USA in view of higher value of the dollar than that of Pakistani Rupee and the expenses that could be incurred in the USA. Notwithstanding the same, Mr. Jahanzeb Burki was treated in USA and was reimbursed the full amount.
6. Under the circumstances, we find the impugned order well reasoned, hence the instant appeal is dismissed and impugned order dated 08.05.2017 passed by the learned Single Judge in W.P.
No,11181/2013 is maintained.