' 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 10 provides that, "10. A grant in favour of a widow/widower shall be sanctioned subject to the following:---
(a) a widow/widower does not marry and she or he shall furnish a no marriage and life certificate every six months to the concerned Benevolent Fund Board in the form set out in Annexure-B;
(b) in case the certification mentioned in clause (a) is not furnished or a widow or widower remarries during the period of such grant, the grant shall cease or stop forth; and
(c) a grant ceased or stopped due to non-submission of the certificate may be restored on application of the widow or widower, from the date of: ' the stoppage of the grant, by the Chairman of the concerned Benevolent Fund Board, if the application is made within a period of two years of the stoppage of the grant;
(ii) the application of restoration, by the Additional Chief Secretary to the Government, if the application is made within a period of five years of the stoppage of the grant; and
(iii) the order of restoration by the Provincial Benevolent Fund Board if the application is made beyond a period of five years of the stoppage of the grant."
4. A plain reading of the above rule makes it clear that even if she has not filed application for restoration, the Additional Chief Secretary to the Government of Punjab is vested with the power to resume the payments, if application is made within a period of five years from the date of stoppage of the grant. Whereas in this case although the application was filed by the petitioner immediately after stoppage of the payments still she has not been paid the said amount. I see no lawful reason for stoppage of the same. The objection of the learned counsel with regard to the certificate to be given periodically to the concerned authorities to the effect that she had not remarried has no force. The learned A.A.-G. Was asked that who is to issue the said certificate. The plain answer was that the applicant herself has to give a statement that she has not remarried. In this view of the matter, I do not see any reason for stoppage of the payment. The authorities could ask her to make the said statement. The refusal to pay the aid out of benevolent fund appears to be unwarranted. Her monthly outstanding payments shall be paid to her out of the benevolent fund for the period stated above within a period of two months. This petition is allowed with no order for cost.