CWP NO.20671 OF 2008 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
DATE OF DECISION: 02.3.2009
Harpal Kaur ...Petitioner
VERSUS
State of Punjab & Others ...Respondents
CORAM
HON'BLE MR.JUSTICE PERMOD KOHLI
PRESENT: Mr.S.K.Sharma, Adv. For the petitioner
Mr.IPS Doabia, Advocate for Respondent no.4
Mr.BS Chahal, DAG, Punjab
Permod Kohli, J. (Oral)
Replies filed in Court are taken on record. In view of the short
controversy involved and the matter being covered, this petition is disposed
of at motion stage.
The husband of the petitioner, namely, Kartar 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. Thereafter, the petitioner has been asked to deposit
the amount received by her as dearness allowance and further component of
dearness allowance has also been stopped on the basis of Government
Policy which inter-alia prohibits payment of dearness allowance in the event
CWP NO.20671 OF 2008 2
of grant of compassionate appointment to a family member. The petitioner
has accordingly filed this petition challenging the action of respondents. 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.
(PERMOD KOHLI)
JUDGE
02.3.2009
MFK