Petition Under Article 199 Of The Constitution Of The Islamic Republic Of Pakistan

7-That it is settled Law that leave on medical ground cannot be refused. At best the authority could refer the petitioner's case for 2nd opinion. It has also been held by the honorable Supreme Court of Pakistan in a recent judgement reported as 2008 SCMR 214 that availing of medical leave without permission could not be considered an act of gross misconduct entailing major penalty of dismissal from service.

Major penalty of compulsory retirement was harsh, politically biased, bearing personal interest and could not commensurate with nature of charge-converted penalty of compulsory retirement into reduction of two steps in time scale for a periods of two years.

8-That, the petitioner filed a departmental appeal his compulsory retirement on 03-0602005. the authority has,however, not yet responded to the departmental appeal although the petitioner has been pursuing the matter during this time after discontinuing treatment many times vigorouslythroughout this period.
9-That the respondent is deliberately avoiding to decide the petitioner's departmental appeal and is sitting over it only to deprive the petitioner's of his right to approach the court of law. Even otherwise, the petitioner is duty bound to examine and give reply to the petitioner's departmental appeal.
10-That, the petitioner has no other efficacious and speedy remedy except to invoke constitutional jurisdiction of this honorable Court; hence this writ petition.

In the circumstances it is respectfully prayed that a suitable writ may kindly be issued to the respondent directing him to decide the departmental appeal of the petitioner in a suitable time and communicate decision thereof to the petitioner for further action, if any. Any other relief to which the petitioner is found entitled may also kindly be granted in the circumstances of the case.