PRITAM KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONER has approached this Court for setting aside the recovery of Rs. 1,59,188.00, which has been effected from her family pension, which amount was paid to her as dearness relief along with her family pension on account of the services rendered by her husband Ajmer Singh, who died in the year 1996 while in service of respondent No.2, in the light of the Division Bench judgment passed by this Court in CWP No. 891 of 2003 titled Mukhtiar Singh and others vs. State of Punjab and others decided on 20.1.2004 (Annexure P-2) as also the Full Bench judgment passed by this Court in Budh Ram and others versus State of Haryana and others, 2009(3) SCT 333.

(2.) REPLY has been filed by respondents No.1 and 3, according to which instructions have already been issued to the respondents that no recovery of the amount in the facts and circumstances of the case is to be effected from the petitioner because of payment of dearness allowance on the family pension.

(3.) DIRECTION is issued to the respondents to refund the recovered amount from the petitioner in pursuance to the fact that she had been paid the dearness allowance upon her family pension. Recovered amount be refunded to the petitioner within a period of two months from the date of receipt of certified copy of the order.