1. MUHAMMAD IRSHAD KHAN (MEMBER).-The appellant, the Administrative Officer in the Directorate of Central Health Establishments, Karachi, after attaining the age of 54 years in 1976 applied for retirement on the ground of his ill-health. He was referred to by the Department to a Medical Board which considered him to be invalidated for further service in consequence of `Ischaemic heart disease'. He was consequ--entry retired from service with full pensionary benefits with effect from 10th May, 1976. About a year thereafter the then Director, Central Health Establishments, Karachi, purportedly in exercise of powers vested in him, issued a letter dated 11th June, 1977 to the Accountant-General, Pakistan Revenues, Karachi whereby he accorded "ex post facto sanction" in favour of the appellant effective from the 1st February, 1977 to the grant of the following: Pension Gratuity Children's Allowance Rs. 220 per month Rs. 6,600 only Rs. 27.50 x 6=Rs. 165 per month.
2. It was mentioned in the said letter that the above pension and gratuity etc. Was being granted in terms of paragraph 7 of the Ministry of Finance O. M. No. F. (1)-Rev.I/75, dated the 7th January, 1977 read with clause (B) of Part `II' of Annexure II thereto, on being satisfied that the disability due to which the appellant was retired, was attribut--able to his official duties and fell under Item No. 9 of Clause "A" of the Classification of Disabilities. The Accountant-General Pakistan Revenues, Karachi, however, in reply to the said letter pointed out that the competent authority to sanction disability pension/gratuity etc. In that case was the Government of Pakistan in Finance Division. Thus, the alleged sanction of disability pension and gratuity etc. To the appellant was disregarded by the A.
3. G. P. R. As having been incompetently and unlawfully issued. The Director, Central Health Establishments then referred the case to the Ministry of Health for obtaining the sanction of the Government. The case was duly considered in the Finance Division and it was decided that since the appellant himself sought retirement on account of his ill-health his case was not covered under the relevant rules for the grant of disability pension. This decision was conveyed by the Ministry of Health, vide its letter dated 15th November, 1977 to the Director, Central Health Establishments. It appears that there after, on some representation of the appellant, the Finance Division had asked that the case may be submitted to them in accordance with the prescribed procedure. The -case was accordingly again submitted to the Finance Division by the -Directorate of Central Health Establishments, alongwith the required certificate of the Medical Board in Form 'C', wherein it was opined that incapacity of the appellant was due to the natural process of decay and ageing. The Finance Division, after considering the case, turned . Down the claim, inlet alia, on the ground that according to the opinion of the Medical Board, the heart disease was contracted by the appellant due to natural process of decay and ageing, which was not directly attributable to his official duties and therefore, condition for the grant of disability pension under the relevant rules was not satisfied. This decision was conveyed to the appellant by, the Ministry of Health, vide their letter dated 24th September, 1978. The appellant then submitted a petition to the President of Pakistan praying for sanction of disability pension etc. To him but the same too was rejected. The appellant, thereafter, came before this Tribunal with a prayer that the sanction of disability pension, gratuity and children's allowance accorded to him by the Director-Central Health Establishments be honoured and allowed to him.
4. We have heard the appellant at great length. Urging that the disabi--lity pension, gratuity and children's allowance was rightly, sanctioned to him by the Director, Central Health Establishments and the decision of the Finance Division refusing the sanction was erroneous, he conten--ded that his heart ailment was due to tension which he developed on account of his official duties. To support his contention he submitted two Medical Certificates and made references to the commentary on "Surah Teen" by Maulana Abul Ala Maudoodi in Tafheemul Quran, and an explanation on Ischaemic heart diseases given in a Textbook of the Practice of Medicine. He thus emphasized that the heart discase from which he has been suffering was directly attributable to his official duties and the opinion of the Medical Board that his ailment was due to natural process and ageing was not correct.
5. We have carefully considered the submissions made by the appellant and also perused the entire record of the case and the relevant rules. Rule 4 of the Central Civil Service (Extraordinary Pension)
6. Rules clearly provides that no award of the disability pension should be made except with the sanction of the President. According to the rules of the Business, these powers of the President are to be exercised in the Ministry of Finance. In any case, these powers were never conferred on or delegated to the Director, Central health Establishments and, therefore, could not be competently exercised by him. Again, rule 13 (4) which provides the procedure for processing such cases reads as under :- "When a claim for any injury pension or gratuity or family pension arises, the head of the office or of the Department in which the injured, or the deceased, Government servant was employed will forward the claim through the usual channel to the Government of Pakistan with the following documents;
(i) A full statement of circumstances in which the injury was received, the disease was contracted or the death occurred;
(ii) The application for injury pension or gratuity in Form A, or, as the case may be, the application for family pension in Form B of the Forms set forth in Schedule IV.
7. (i.e) In the case of an injured Government servant, or one who has contracted a disease, a medical report in Form C of the Forms set forth in Schedule IV. In the case of a deceased Government servant a medical report as to the death or reliable evidence as to actual occurrence of death if the Government servant lost his life in such circumstances that a medical report cannot be secured.
(iv) A report of the audit officer concerned as to whether an award is admissible under the rules and if so of what amount."
8. A plain reading of these rules shows that there was no justification or occasion whatsoever for grant of disability pension etc. To the appellant by the Director, Central Health Establishments. The sanction accorded by him vide his letter dated 11th June, 1977 referred to above, was, therefore, incompetent, unjustified and without any lawful authority. It is interesting to note that this position was admitted by the Director, Central Health Establishments himself by mentioning in his letter dated 27th June, 1978 that the correct position about competent authority in such cases had been noted by the Directorate. It is also evident that the Director, Central Health Establishments granted the disability pension etc. Without following the procedure prescribed by rules for dealing with such cases. The reference to para. 7 of C. M. Dated the 7th January, 1977 in the so-called sanction letter was also misconceived. For the said paragraph 7 itself did not make any provision or procedure for grant of disability pension but only the rates of the disability pensions to be granted under Central Civil Service (Extraordinary Pension) Rules, were modified thereby. It is really a pity that a responsible officer had acted in such an unlawful, arbitrary and irresponsible manner.
9. We are, therefore, quite clear in our mind that the sanction of disabi--lity pension etc. Accorded to the appellant by the Director, Central Health Establishments, being invalid and incompetent, does not create any right whatsoever in favour of the appellant and the same was rightly disregarded by the A.G.P R. It further seems to us that the subsequent `Government decisions rejecting the claim of the appellant for disability pension etc. Were taken in conformity with the relevant rules and are, therefore, unassailable. In our view, the Finance Division was justified in reaching the conclusion that the case of the appellant was not covered by the relevant rules, as the disease from which the appellant has been suffering could not be attributed in any way to the discharge of his official duties. The commentary on "Surah Teen" and the explanation in the text--book of the Practice of Medicine, as well as the medical certificates referred to by the appellant, do not at all advance- his case because even the said references and certificates do not lead to the conclusion that the ailment of the appellant was attributable to his official duties. Even the report of the Medical Board, constituted at his own z request for the purpose of his retirement on medical ground, is of no avail to the appellant since it does not contain any finding that the disability in his case was due to the "risk of office", as defined in the Central Civil Service (Extra ordinary Pension) Rules. Sanction of disability pension on the basis of, this report could not be sustained, even if it had been trade in the prescribed form and the sanction accorded by the competent authority which it was not in the present case.
10. For the foregoing reasons, there is no option but to conclude that the claim of the appellant has not been substantiated and is untenable. The appeal, having no merits, is rejected with no order as to costs.
11. Parties to be informed