SHRISHTA DEVI Vs. STATE OF PUNJAB AND OTHERS

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 petitioner has contended that, at this juncture, the Dearness Allowance paid on family pension is sought to be recovered/withdrawn by the respondents, which would not be permissible in law, in view of law settled by a Division Bench of this Court, While dealing with CWP 891 of 2003, Mukhitar Singh v. State of Punjab and others, Decided on 20.1.2004.