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Case No. 954/76 of 1984, decided on 10th July, 1985.
Punjab Service Tribunals Act (IX of 1974)------
---S. 4--Appeal before Tribunal--Reimbursement of medical charges- Papers of civil servant and his wife found in order and reimbursement recommended by Medical Board--There was no justification, held, to refuse reimbursement when papers were found in order by Technical Board and reimbursement was duly recommended--Respondents were directed by Tribunal to make reimbursement of medical charges as approved and recommended by Medical Board.
Ch. Imtiaz Mahmood for Appellants.
A.G. Humayun, District Attorney for Respondents.
ABDUL HAMID CHAUDHARY (MEMBER). --Murid Hussain, Naib-Qasid, S.G.A. & I Department, Civil Secretariat, Lahore has made this appeal under section 4 of the Punjab Service Tribunals Act, 1974, wherein he has impleaded the respondents Nos. 1 to 6 as mentioned above.
2. By virtue of this appeal that appellant has prayed to declare the appellant to be entitled to the reimbursement of medical charges amounting to Rs.7,156 incurred by him for the restoration of his and his wife's health and also to direct the respondent to make the payment of his claim for medical reimbursement at an early date.
3. Brief facts of the case are that the grievance of the appellant is that he and his wife were examined by the Medical Superintendent, Services Hospital, Lahore and the papers relating to the reimbursement was recommended by the Medical Superintendent, Services Hospital, Lahore vide letter, dated 17-5-1984 (Annexure B/2), but the reimbursement has not been made so far due to one pretext or the other by the respondents. Hence this appeal.
4. We have heard the parties i.e. Ca. Imtiaz Mahmood, Advocate for the appellant and Mr. A.G. Humayun, District Attorney on behalf of the respondents.
5. The learned counsel for the appellant has relied on the letter, dated 17-5-1984 (Annexure B/2) of the Medical Superintendent, Services Hospital, Lahore addressed to the Secretary to Government of the Punjab, Health Department, Lahore which clearly shows that the appellant and his wife were examined by the Medical Board. The Medical Board was of the opinion that the papers were in order and the reimbursement was recommended. Hence the reimbursement to the appellant could not be refused when the papers were scrutinized by the Medical -Board, Services Hospital, Lahore on the direction of the Health Department, Government of the Punjab, Lahore No. SO (If .A D) 7-43/84, dated 10-5-1984 and recommended for their reimbursement. He has also referred to Letter No. SOV(H) 12-34/76, dated 19-4-1976 of the Government of the Punjab, Health Department, wherein such Medical Boards were constituted and were empowered for determining the genuineness of the claims after due scrutiny. The learned counsel for the appellant has prayed that the respondents be directed to make the payment to the appellant for his claims verified by the Medical Board, as the appellant is an employee of Grade-I, a poor man and has already sufferred considerably.
6. On the other hand the learned District Attorney has adopted the para-wise comments submitted by the respondents in extenso and has submitted that the claim of the appellant is being examined in the Health Department and will be paid in due course of time when his claim is duly scrutinised and found in order.
7. We have given our anxious thought to the arguments of the parties and have perused the letter, dated 17-5-1984 (Annexure 'B/2') from the Medical Superintendent, Services Hospital, Lahore addressed to the Secretary, Government of the Punjab, Health Department, Lahore which is reproduced below:--
"With reference to Government of the Punjab, Health Department, Lahore Letter No. SO (H a D) 7-43/84, dated 10-5-1984 on the subject noted above. I have the honour to state that Mr. Mureed Hussain Naib-Qasid, appeared before the Medical Board and the papers relating to the reimbursement in respect of Mr. And Mrs. Mureed Hussain has been examined by the Medical Board convened in the office of the undersigned on 16-5-1984 at 11-30 a. m.
The Board is of the opinion that the papers are in order and the reimbursement is recommended and all relevant documents in original are returned herewith please."
The contents of the above letter make it clear that the papers of the appellant/his wife were found in order and the reimbursement was recommended by the Medical Board. Hence, there is no justification on the part of the respondents to refuse the reimbursement of the appellant when the papers were found in order by the Medical Board and reimbursement was duly recommended.
8. The upshot of the above analysis of the case is that the appeal of the appellant is accepted and the respondents are directed to make the reimbursement of medical charges to the appellant as approved and recommended by the Medical Board, after examining the appellants/his wife vide letter, dated 17-5-1984 of Medical Superintendent, Services Hospital, Lahore (Annexure B/2).
There is no order as to costs.
A. A. Appeal accepted.
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