SIMRO DEVI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Learned counsel for the petitioner does not challenge the action of the authorities in arriving at the conclusion, that the petitioner was not entitled to Dearness Allowance on family pension, after the employment of her daughter on compassionate grounds. The petitioner wishes to limit her claim so as to challenge the recovery of Dearness Allowance, wrongly paid to her, through the impugned order.

(2.) We have gone through the pleadings of this case. We are satisfied that the controversy in the instant writ petition is squarely covered by the decision rendered by this court in "ASI Amrik Singh vs. State of Punjab - C.W.P.No.15762 of 2003, decided on 5.12.2003", especially on account of the fact that payment of Dearness Allowance on family pension was not released to the petitioner on account of any misrepresentation at the hands of the petitioner.

(3.) In view of the above, the instant writ petition is allowed to the limited extent that action of the respondents for effecting recovery from the petitioner, is set aside. The petitioner shall also be entitled to the refund of recovery, if any, already made by the respondents from the petitioner, within one month from today. Allowed in the aforesaid terms.