CM No.25020/08 and 1
CWP NO.2133 OF 2007 (O&M)
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
DATE OF DECISION: 05.2.2009
Parkash Kaur ...Petitioner
VERSUS
State of Punjab & Others ...Respondents
CORAM
HON'BLE MR.JUSTICE PERMOD KOHLI
PRESENT: Mr.R.K.Arora, Advocate for petitioner
Mr.B.S.Chahal, DAG, Punjab
Permod Kohli, J. (Oral)
Notice of the application.
Mr.Chahal accepts notice.
CM No.25020/2008 has been filed seeking disposal of the writ
petition. For the reasons recorded in the application and with the consent of
counsel for the parties, the writ petition is taken up for final disposal.
The husband of the petitioner, namely, Jaspal Singh died during
service and family pension was sanctioned in favour of the petitioner under
rules. The petitioner was receiving the family pension, including the
dearness allowance. In the meanwhile, the petitioner’s son also got job on
compassionate grounds. Under the government policy, the dearness
CM No.25020/08 and 2
CWP NO.2133 OF 2007 (O&M)
allowance is not payable where a member of the family of the deceased-
employee is granted compassionate appointment. On that basis, the
respondents not only stopped the payment of dearness allowance, but also
ordered recovery of dearness allowance already paid to the petitioner. The
petitioner has accordingly filed this petition. It is agreed to by the learned
counsel for the parties, that the issue involved in this petition is covered by
a judgment of this Court rendered in the case of Mukhtiar Singh and others
vs. State of Punjab and others (CWP No.891 of 2003 alongwith other
connected matters) decided on 20.1.2004 wherein following observations
have been made:-
“…In view of the above, the instant writ petitions are
dismissed in so far as the claim of the petitioner for
dearness allowance on family pension is concerned.
However, the prayer of the petitioners is allowed in
respect of recovery sought to be made from them. In
case any recovery has been made from the petitioners in
the interregnum, the same shall be refunded to the
petitioners within a period of four months from today.
Disposed of in the aforesaid terms.”
The aforesaid observations shall apply to the case of the petitioner
also. This petition is disposed of in terms of the aforesaid judgment.
(PERMOD KOHLI)
JUDGE
05.2.2009
MFK
CM No.25020/08 and 3
CWP NO.2133 OF 2007 (O&M)