2003 PLP (C (PLC(CS))
Mst. BARKAT BIBI Versus COMMISSIONER and others
| Citation | 2003 PLP (C (PLC(CS)) |
| Forum / Court | Lahore High Court |
| Bench Members | Ali Nawaz Chowhan, J |
| Parties | Mst. BARKAT BIBI Versus COMMISSIONER and others |
| Primary Law | Constitution of Pakistan (1973)‑‑‑ |
Q1: What are the key laws and sections cited in 2003 PLP (C (PLC(CS))?
This judgment primarily cites: Constitution of Pakistan (1973)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2003 PLP (C (PLC(CS))?
The case was heard and decided by the Lahore High Court bench comprising: Ali Nawaz Chowhan, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2003 PLP (C (PLC(CS)) (Mst. BARKAT BIBI Versus COMMISSIONER and others). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- N.A. Butt for Petitioner.
- Mrs. Roshan Ara, A.A. ‑G. for Respondents.
Headnotes / Summary
‑‑‑‑Art. 199‑‑‑Constitutional petition‑‑‑Civil service‑‑‑Grant of benevolent fund with retrospective effect‑‑‑Widow as legal heir of deceased civil servant in her Constitutional petition had sought direction to the Authority to grant her benevolent fund with retrospective effect‑‑‑Precedents existed where such benefit was allowed to widow retrospectively, same treatment thus ought to have been given to the widow ‑‑‑Authority was directed by the High Court to consider placing case of petitioner before Provincial Board of Management for its decision in accordance with law.
Judgment & Decree
N.A. Butt for Petitioner. Mrs. Roshan Ara, A.A. ‑G. for Respondents. The petitioner is the widow of Babu Sain who worked in the Forest Department of the Government of the Punjab between the period from 1‑4‑1951 until his death on 29‑4‑1984. The widow applied for monthly aid under the Punjab Benevolent Ordinance, 1966. Her petition was allowed and the monthly aid was given to her at the rate of Rs.1,000 per month with effect from 4‑1‑1997 until life.
2. It is the case of the petitioner that such a benefit ought to have been allowed since 29‑4‑1984. In this connection, it is said that a number of applications had been moved and the delay had occurred in the processing of those applications in the office of the Commissioner/Chairman, Divisional Benevolent Fund, Lahore Division, Lahore, (respondent No. 1).
3. The department has filed its parawise comments stating that the petitioner applied for grant of monthly and on 17‑7‑1996. The case was processed aid the matter was decided by the competent Authority on 4‑1‑1997, who sanctioned the grant with effect from 4‑1‑1997 till life. It was further stated that where an application is received after 5 years from the date of death of a person, the matter is be submitted to the Provincial Board of Management for consideration of the application and that, therefore, the Commissioner was not empowered to pass an order having retrospective effect on the application made on 17‑4‑1996 i.e. after a delay of 12 years from the date of death of the husband of the petitioner.
4. After seeing the parawise comments, it has been reiterated on behalf of the petitioner's side that the applications were submitted to the local formation of the Forest Department in time and immediately after the death of the husband of the petitioner. These were not forwarded.
5. From the parawise comments, it appears that there is no refusal as such on the part of the respondent No.
1. The only point raised is that the matter is to be referred to a Board who had already given its views.
6. In case there are precedents where retrospectively such a benefit was allowed to a widow, the same treatment ought to be given to the petitioner and if so, the respondent No. 1 should consider placing the case of the petitioner before the Provincial Board of Management for its decision in accordance with law on the basis of averments made by the petitioner in this writ petition, copy of which be also placed before the Provincial Board of Management. With these observations, the writ petition is disposed of. Copy he given Dasti. H.B.T./B‑‑97/L Order accordingly.