' 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 aid on 17-7-1996. The case was processed and 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 be given Dasti.