' AMIR HANI MUSLIM, J.---By this common order we intend to dispose off the above Petitions bearing Nos.1077 of 1998, 1162 of 1999, 1207 of 1999 and 558 of 2000. Through these petitions the beneficiaries have sought directions against the Respondents for the release of their amounts of Benevolent Fund which were denied inordinately by the Respondents. Since the matter related to affects innumerable beneficiaries of the Government employees, we had directed the concerned officers to appear in person and explain the reason for delay of the disbursement of the amount of Benevolent Fund.
2. We were informed by the Deputy Secretary Finance that the Chief Secretary Sindh has constituted a Provincial Benevolent Found Board, which administers the Benevolent Fund and consists of the Secretary S&GAD, Secretary Services, Secretary Works, Secretary Finance and Senior Members of. The Board of Revenue Government of Sindh. We were also informed that due to paucity of funds, the beneficiaries could not be disbursed the amount of the Benevolent Fund. We were further informed that the Benevolent Fund is being deducted from the salaries of the Government employees and is kept by the Accountant General Sindh who invests it is released by the Accountant General Sindh. It, however, appears that the actual amount deducted from the salaries is not placed at the disposal of the Finance Department by the Accountant General Sindh, and as a result the amount of Benevolent Fund is not disbursed in time by the Finance Department on the recommendation of the Board.
3. We have also heard the learned Advocate General Sindh. We must endorse our displeasure over the working of the Accountant General Office and the Finance Department Government of Sindh.
The amount deducted by the Accountant General Office towards the Benevolent Fund in fact is not Government revenue but it is an amount which belongs to the beneficiaries who, in law, are entitled to claim it on the happening of future event and the benefits of the same could not be withheld either by the Accountant General Sindh or by the Finance Department on the issue of maturity of the amount or otherwise depriving the needy persons. A scheme to immediately disburse the Benevolent Fund amount to the beneficiaries should be framed by the Government, in such a manner, that it should redress the human sufferings of the deprived class, the present scheme of the Government falls much short of this and the irregularities in disbursement of Benevolent Fund and inordinate delay have compelled the beneficiaries to approach this Court either by engaging the Counsel or otherwise for the meagre amounts to which they are, otherwise, entitled to in law.
4. On Court intervention in these proceedings, the amounts of the Benevolent Fund have been released to the Petitioners but the issue of disbursement of the Benevolent Fund is still alive. We would, therefore, like to streamline it by directing the Accountant General Sindh to keep the amount of Benevolent Fund under a separate head and transfer the same every month to the Finance Department Sindh. The Accountant General Office shall also forthwith transfer the entire amount of Benevolent Fund with interest accrued thereon to the Finance Department. The Finance Department on transfer of the amount shall also keep the amount under a separate head and would invest it in any profit bearing scheme. Amount kept in the Benevolent Fund will not be dealt .Vith in the normal budgetary proposal nor would such amount lapse. The amount of Benevolent Fund kept by the Finance Department would not be exhausted by them under any other head except that this amount and the profits accrued thereon would be disbursed to the beneficiaries on the recommendations of the Board, which shall have its meeting on the last. Saturday of every month (in case of holiday the Board shall convene its meeting on the nest working day) and shall decide the cases. On conclusion and recommendation of such, meeting of the Board, the Finance Department shall release the amount within 15 days to the concerned District Coordination Officer
(DCO) (Revenue) who in turn shall disburse it to the beneficiaries. The DCO on receipt of the amount from the Finance Department shall ensure disbursement of the amount within a period of 15 days of the receipt thereof. The entire amount of Benevolent Fund deducted by the Accountant- General Sindh on transfer to the Finance Department would be placed at the disposal of the Provincial Benevolent Fund Board and Finance Department shall have no say in regard to the disbursement of the amount except to carry out the directions of the Board for the purposes of its disbursement to the beneficiaries.
5. These Petitions stand disposed off with the above directions which the Sindh Government would comply forthwith in future and any violation of these directions would expose the Head of the relevant Department to contempt proceedings. The copy of this judgment be communicated to the Chief Secretary Sindh and Advocate-General Sindh for its onward transmission to the relevant Department for compliance.