High Court Punjab-Haryana High Court

Parkash Kaur vs State Of Punjab & Others on 5 February, 2009

Punjab-Haryana High Court
Parkash Kaur vs State Of Punjab & Others on 5 February, 2009
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)