Law:

Section:

Punjab Government Servants Benevolent Fund, (Disbursement) Rules, 1965-------Part I, R. 10---Constitution of Pakistan, Art 199--Constitutional petition---Payments being received by petitioner out of Benevolent Fund were stopped---Authorities restored/resumed payment to petitioner on the orders of Provincial Ombudsman but arrears accumulated during stoppage were not paid to her---Validity---Additional Chief Secretary, under R.10 of the Punjab Government Servants Benevolent Fund, (Disbursement) Rules, 1965, Part I was empowered to restore the payment on application made to him---Payment was not made to petitioner though she had filed application within prescribed time---Authorities could require the petitioner to submit statement to the effect that she had not remarried---Refusal to payment of Benevolent Fund in circumstances was unwarranted---Authorities were directed to make the outstanding amount of Benevolent Fund to petitioner within two months. Nemo for Petitioner. Khawaja Sulman Mahmood, A.A.-G. for Respondent. ORDER TARIQ JAVAID, J.--- The grievance of the petitioner is that being a widow she was entitled to the payment of monthly aid out of the benevolent fund, which was paid to the petitioner until October 1998, however thereafter the said payments were stopped. The petitioner filed various applications, those applications were kept pending and thereafter she invoked the jurisdiction of Provincial Ombudsman, who vide order dated 26-1-2004 directed the respondents to release the payments of the benevolent funds. However, the said payments were resumed from 1-8-2003 but her payment from November, 1998 to September 2003 were still not paid. The petitioner again filed various applications, hence this petition. 2. It appears that her applications are pending with the respondents despite the fact that respondent No.2 vide order dated 16-12-2003 directed the remaining respondents to restore the monthly payments to the petitioner from 1-10-1998. 3. The learned A.A.G. has relied on Punjab Government Servants Benevolent Fund, Part-1 (Disbursement) Rules, 1965 and maintained that she is not entitled to the payment of benevolent fund for the above said period. Rule…

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