Law:

Section:

Sanctioning Procedure of Grants of Widow Welfare Fund Rules-------Constitution of Pakistan, Arts. 199 & 185(3)---Wapda Welfare Fund established for its retired employees---­Death of petitioner's husband after four years of his retirement from Service---Petitioner-widow falling within category of beneficiaries of such Fund filed application after 17 years of his death for granting benefits thereunder---Denial of such benefits to petitioner by Authority for her application being barred by time---Dismissal of petitioner's constitutional petition by High Court---Validity---Such Fund had attributes of a Private Trust---Persons responsible to administer such Fund for being trustees were responsible to make payments to beneficiaries in accordance with its rules---Petitioner would be entitled to benefits under such Fund from date of making application, but not to prior distributions already made---Non-making of application within time would not mean that petitioner had forfeited all rights as beneficiary even in respect of period starting with her application---No provision existed in Rules denying such benefits to widow for her failure to make an application within time---Petitioner's status as a beneficiary of such Fund still existed, thus, her rights could not be barred for all times to come---Supreme Court set aside impugned and directed Authority to make payments to petitioner from date of her application as being made to other similarly placed widows. Mian Jaffar Hussain, Advocate Supreme Court for Petitioner. Faiz-ur-Rehman, Advocate-on-Record for Respondents. Date of hearing: 12th July, 2011. ORDER JAWWAD S. KHAWAJA, J.---The petitioner admittedly is the widow of a former employee of WAPDA who retired from service on 16-5-1988 on attaining the age of superannuation and thereafter died on 27-6-1992. The widow falls within the category of beneficiaries of the WAPDA Welfare Fund as per rules of the said Fund. However, she is being denied the benefits. Furthermore, it is evident from the record that other widows, who are similarly placed to the petitioner Mst. Nasim Akhtar, are receiving payment from the WAPDA Welfare Fund. The only reason why the petitioner is…

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