2010 PLP (C (PLC(CS))

IFTIKHAR MUHAMMAD CHAUDHRY, C.J.

This suo motu petition was taken up on the request of Bushra Bibi widow of late Syed Yousaf Shah, Commercial Supervisor (Booking) Pakistan Railways, Multan. Grievance highlighted in the petition was in respect of payment of revised rates of monthly benevolent grant after 20% increase effective from 1st December, 2003. It was her case that after the death of her husband she being a widow was getting benevolent fund at the rate of Rs.900 per month as per Pakistan Railways Servants Benevolent Fund Ordinance, 1969 whereas Government of Pakistan is granting Rs.1080 +per month as benevolent fund to the widows in other departments, therefore, she pointed out discrimination in payment of the benevolent fund between widow of Railway Department and the other Government departments and prayed for relevant amendment in the rules. It is to be noted that under section 4(a)(1) of the West Pakistan Railway Servants Benevolent Fund Ordinance, 1969 under the heading of Utilization of the Funds, financial assistance is giving to the families of the railway servants who had died while in service or after the retirement to the tune of Rs.900 whereas families of the employees of the Federal Government or widows are getting Rs.1,080 per month as per the provisions of the Federal Employees Benevolent Fund and Group Insurance Act, 1969 therefore on examining both the laws referred hereinbefore, on the subject, notices were issued to the Chairman Pakistan Railway considering it to be the case of violation of the fundamental rights of a considerable number of retried 'employees/widows as prima facie it was apparent from the provision of both the laws that violation of Article 25 of the Constitution has also been committed. In pursuance of the notice, Chairman, Pakistan Railways appeared on the last date of hearing and stated that he himself has taken the notice of the same and if some time is given to him, he would attempt to remove this anomaly. Today Chairman along with his learned counsel appeared and placed on record a Notification dated 21st July, 2010 contents whereof are reproduced hereinbelow:

To be published in the next issue of Gazette of Pakistan Part-I. Government of Pakistan Ministry of Railways (Railway Board) Islamabad 21st July, 2010 NOTIFICATION No. 16/1/2005-E-I the rates of disbursement of Benevolent Fund grants as applicable in Federal Government Employees Benevolent Fund and Group Insurance Rules, 1972 (Revised upto June, 2005) are adopted in the Ministry of Railways (Railway Board) and its Attached Departments and Subordinate Offices, w.e.f. 1-12-2003. Any increase in the rate of Benevolent Fund grants in future by the Federal Government shall be adopted in Railways. (2) This issues with the approval of the competent authority. (Gulzar Muhammad) Deputy Director/E-I Ph: 051-9209411 The Manager Printing Corporation of Pakistan Press, University Road, Karachi. No. and date even: Copy is forwarded to:--

1. General Manager/Ops, Pakistan Railways, Lahore.

2. Director Legal Affairs, Pakistan Railways Lahore.

3. Chief Personnel Officer, Pakistan Railways, Lahore.

4. F.A. & C.A.O., Pakistan Railways, Lahore.

5. Deputy General Manager, Pakistan Railways, Lahore.

6. Director General Audit Railways, Pakistan Railways, Lahore.

7. D.D/Admn-IV, B&C, A.O./Payment, Ministry of Railways, Islamabad.

2. In pursuance of the above notification, the Ministry of Railways If (Railway Board) and its attached departments and subordinate offices have adopted the rates of the disbursement of benevolent fund grants applicable in Federal Government Employees Berevolent Fund and Group Insurance Rules, 1972 with effect from 1st December, 2003 and any increase in the rate of benevolent grants in future by the Federal Government shall also be adopted in railways department. In pursuance of such notification, the families of the retired railway employees for the purpose of the payment of benevolent fund and group insurance have been brought at par with retrospective effect and apparently the discrimination pointed out by the petitioner in her suo motu case stands removed as now petitioner along with other widows shall also receive the benevolent fund at the same rate which is being paid to the employees of the Federal Government. The petition stands disposed of and we place on record our appreciation to the Chairman, Railways who had taken personal interest in order to remove the discrimination which was noted hereinabove. M.H./S-29/SC Order accordingly.