JASBIR KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition under Article 226 of the Constitution of India has been filed praying for issuance of a writ in the nature of certiorari quashing the action of the Respondents in effecting recovery on account of wrong payment made to the Petitioner of Dearness Allowance, payable on family pension.

(2.) IT has been contended that an employee of the Respondent -State died in harness, whereupon family pension was sanctioned. Dearness Allowance on Family Pension was being paid. Subsequently, however, a family member came to be given appointment on compassionate grounds. It seems that on account of giving of employment on compassionate grounds, under instructions issued by the State of Punjab, Dearness Allowance is not payable on family pension. It is contended that despite such instructions, the Dearness Allowance on pension, continued to be paid to the Petitioner.

(3.) LEARNED Counsel for the Respondent -State contends that, indeed, the issue is covered by the judgment in Mukhtiar Singh's case (supra). It has been stated that the Petitioner would be entitled to a limited relief. For prospective purposes, Dearness Allowance on family pension would not be payable. The Respondents, however, cannot effect any recovery.