STATE OF HARYANA AND ORS. Vs. SAVITA YADAV

JUDGEMENT

(1.) This second appeal by the State of Haryana and Ors. - Appellants/Defendants has been preferred against the judgment and decree dated 31.7.2009 passed by Additional District Judge, Rewari, vide which he dismissed their appeal preferred against the judgment and decree dated 11.11.2008 passed by Civil Judge (Jr. Division), decreeing the suit of Plaintiff/Respondent -Smt. Savita Yadav, for declaration to the effect that she is entitled to dearness allowance on the family pension from the very date of its sanctioning, along with the arrears and interest thereon @18% per annum, though the interest was reduced from 18% per annum to 12% per annum.

(2.) The facts of that suit are that the husband of the Plaintiff namely P.S. Yadav, was in service of Haryana Health Department, when he died in harness on 13.10.1992. The Plaintiff was appointed in the same department on compassionate ground and was also allowed family pension w.e.f. 14.10.1992, Dearness allowance was initially sanctioned on the family pension, but subsequently the same was recovered by the Defendants without assigning any reason. She claimed dearness allowance on the family pension from the date of the sanctioning thereof. In the written statement Defendants pleaded that, as per the instructions of the Government dated 31.1.2001, the dearness allowance was allowed on the family pension w.e.f. 12.12.2005 and arrears for the period from 12.12.2005 till 31.7.2007, amounting to Rs. 15305/-, have already been credited to her account. She was not entitled to the dearness allowance on the family pension from the date of sanction of that pension itself.

(3.) On the pleadings of the parties, following issues were framed by the trial Court: