2012 PLP 54 (SCMR)

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 being denied similar payments and treatment is that she did not apply for benefits available to widows within the period prescribed by rules framed under the said Fund. 3(sic.) After examining the record and relevant rules it is clear to us that the Fund has the attributes of a private Trust. The persons responsible for administering the WAPDA Welfare Fund are therefore, trustees responsible for making payments to the beneficiaries in accordance with the constitution of the Fund and the rules framed thereunder. It may well be that due to prior distributions already made, the petitioner is not entitled to receive payments from the Fund until the date she applied to the Welfare Fund as a beneficiary. This, however, does not mean that the petitioner has forfeited all rights as a beneficiary even in respect of the period starting with her application which was made on 16-6-2009. The date of the application is not in dispute between the parties.

4. The petitioner had filed Writ Petition No.20970 of 2009 to assert her right as beneficiary being widow of a former WAPDA employee. This petition has been dismissed on the ground of limitation as recorded in pare 4 of the impugned judgment. The said para, for ease of reference, is reproduced as under:-- "

4. Perusal of record reveals that the husband of the petitioner was retired on 16-5-1988 who was drawing pension and expired on 27-6-1992. The petitioner never applied for the welfare fund and the instant claim of the petitioner is badly time barred who has claimed widow welfare fund after lapse of 17 years. Rule 3 of "Sanctioning Procedure of Grants of Widow Welfare Fund Rules" the petitioner's prayer is badly barred by time." The petitioner undeniably is a beneficiary of the Fund, being widow of a former employee. Moreover, there is no provision in the Rules that any widow would lose her benefits if she does not make an application within time.

5. In view of the foregoing discussion, we are of the opinion that the petitioner's rights cannot be barred for all times to come because her status as a beneficiary exists even today. In this view of the matter, we find the impugned judgment does not proceed on a correct interpretation of the law or the responsibility of those administering the WAPDA Welfare Fund in a capacity akin to that of the trustees of a private Trust.

6. We, therefore, convert this petition into an appeal and allow the same. The impugned judgment is set aside. The petitioner Mst. Naseem Akhtar shall be entitled to the benefits payable to widows of former employees of WAPDA and the respondent-department shall ensure payments to her in line with the payments which are admittedly being made to other widows who are similarly placed. These payments shall be made w.e.f. the date of her application i.e. 16-6-2009. S.A.K./N-13/SC Appeal accepted.