MANJINDER KAUR Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) Mohinder Pal Singh, husband of the petitioner, was a Constable in the Punjab Police in the office of the Senior Superintendent of Police, Amritsar. He died in harness on 12.11.1995. Accordingly, the petitioner was granted family pension. Later on, the petitioner was appointed on compassionate ground as a Constable on 10.4.1997. It is stated that later on, the respondents claimed that the dearness allowance to the petitioner on the family pension was wrongly paid from the date she was appointed as a Constable on 10.4.1997 and accordingly, made the recovery amounting to Rs.39,366/- upto October, 2007. The prayer made in the writ petition is for directing the respondents to refund the said amount. The present writ petition was filed in the year 2012.

(2.) On behalf of respondent No. 5-Bank, it is stated that during the audit by the office of Auditor General, an audit objection was raised and accordingly the recovery was effected. The present petition was filed after five years. It is stated that the petitioner did not disclose the fact of getting her appointment on compassionate ground in the same department with effect from 10.4.1997.

(3.) Respondents No. 2 to 4 have also not disputed the factual position. It was stated that in case, no mis-representation or fraud has been made by family pensioners, who are receiving dearness relief on family pension, the same be stopped with immediate effect,but the recovery of amount already paid to them, cannot be effected.