Last Updated: Thursday January 14, 2010
DISTRICT
23-D-1st,
Ph # 062-2730325
Fax # 062-2885673
No: DCC/BWP/240
Dated
To,
The
Secretary,
Sub: Copy of Judgment.
I
am directed to send you the copy of Court Order dated
|
D/A: Attested
copy of Court
Order dated |
Registrar District |
Khalid Shamshad Rana Vs.
Petition
No. 170
Date of Institution
Date of Decision
Final
Order
Petitioner through this petition alleged
that he is practicing Advocate of The High Court and through notification No.
SO(PH) 11.10/2005 of dated
Because
petitioner was heart patient and in light of above mentioned notification, he
contacted the
The
after, he has to spend Rs. 7,000/- for his treatment and after issuing legal
notice, filed this petition before this Court, in which he sought relief that
respondent be directed to provide free medical treatment to him and his
dependants family members in future, return of Rs. 7,000/- spent by him after
denial of free medical facility by the hospital authority and also claimed Rs.
200,000/- compensation on account of mental tension and harassment etc.
I
summoned respondent who filed reply while requesting that since disputed
notification does not bear the signature of the authority hence, this petition
be dismissed.
However,
I directed the Medical Superintendent of the respondent hospital that he should
make quarry, whether disputed notification on the subject matter is still
existed or not, then today Dr. Muhammad Aslam Sheikh Director Emergency
appeared on behalf of the Medical Superintendent and got recorded his
statement, in which he frankly conceded that disputed notification o the subject matter is still existed and is in
force.
I
deem fit to reproduce the true wordings of said notification for its ready reference.
|
|
GOVERNMENT
OF THE HEALTH
DEPARTMENT |
No:
SO (PH) 1.10/2005 the competent authority has approved free medical treatment
for all practicing advocates and their dependants family members at all
Teaching Hospitals, Special Institutions, children Hospital, DHQ & THQ
Hospitals in Punjab on the production of membership card issued by the Punjab
Bar Council.
|
Dated
|
SECRETARY
TO GOVERNMENT
OF THE HEALTH
DEPARTMENT |
In light of above mentioned
notification, all practicing advocates and their dependants family members are
entitle to get free medical treatment from all hospitals in
But
at the same time it has been stated that Medical Superintendent has not put the
matter before Management Board of the Hospital for obtaining permission for
Local Purchase of the medicines.
In
my view if rules permit to the hospital authority for Local Purchase of medicine,
then Medical Superintendent has to refer the matter to the concerned Management
Board of hospital for seeking permission.
Now
I observe that respondent/hospital authority while denying to provide free
medical treatment to the petitioner/advocate has provided faulty service which
is accountable by this Court but on the other hand, respondent/Dr. Muhammad
Aslam apologies from that petitioner on said default-ness and he has forgiven
him and is not claiming any compensation against faulty service.
Whereas,
Dr. Muhammad Aslam also made commitment before the Court verbally that hospital
will return all expenditures incurred for the treatment of the petitioner. If
he will produce its proof that is stated to be Rs. 7,000/-.
Now
in light of discussed facts I dispose of this petition with direction to the
incharge of all Teaching hospitals, Special institutions, Children Hospital,
DHQ &THQ Hospitals in Punjab specially to the BVH Hospital Bahawalpur and
all other hospitals situated in Bahawalpur Division will provide free medical
treatment to all practicing advocates and their dependants family members on
the production of membership card issued by the Punjab Bar Council. Because
after issuing above mentioned notification by Punjab Government on the subject
matter, all practicing lawyers have gained the status of gazetted Officer for
the purpose of obtaining free Medial treatment from all state run hospital in
Moreover,
it is further directed to the M. S. BVH hospital Bahawalpur that he will refer
the matter to Management Board for obtaining permission for local purchase the
medicines to the extant of 15% of whole budget of bulk purchase for providing
the same to the needy, serious and emergent nature patient as per rules and I
hope that Management board while observing rules and regulations on the subject
matter will do the needful in accordance with law.
It
is further ordered that hospital Management of BVH Bahawalpur will return all
expenditure incurred in connection with treatment of the petitioner after
denial by the respondent hospital for providing free medical treatment to him
within 15 days.
In
this regard, petitioner is directed to approach to the Medical Superintendent
BVH Bahawalpur and produce there his proof of those expenditure immediately.
One
copy each of this order immediately be sent to the Secretary Health Government
of the Punjab and Punjab Bar Council, for its onward circulation to all the
|
Announced |
Muhammad Rashid Qamar District and Sessions Judge/Presiding
Officer District |
Certificate:
Certified
that this order is consists of (3) three pages which have been dictated, read,
corrected and singed by me.
|
Announced |
Muhammad Rashid Qamar District and Sessions Judge/Presiding
Officer District |
Sunday June 15, 2008
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