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COLLECTOR OF CUSTOMS, HYDERABAD versus MUHAMMAD HAYAT


Article 212 (3) of the Constitution of Pakistan 1973 refusing to extend medical leave from employment to public servants was exempted on medical grounds but such leave was not extended for non-official absenteeism period. The job was considered a leave without pay and a disciplinary action was initiated against the civil servant. It was removed from the service tribunal, while holding that the dismissal order was justified, once a medical leave application was approved, such a leave extension application would be followed by another. Cannot be rejected for medical opinion. An appeal was denied on the grounds that an officer of the health department or the medical board of the tribunal was not open for exception.

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