CHANDERVATI Vs. THE STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) This is a petition under Articles 226 and 227 of the Constitution to quash the orders whereby medical allowance amounting to Rs. 2910.00, paid to the petitioner for the period July 1989 to Nov., 1995, has been required to be recovered back from her on the ground that she was not entitled to the allowance as her husband was, as a Government employee, drawing similar allowance. The petitioner, was working as Social Studies Mistress in Government Senior Secondary School, Birhi Kalan, District Bhiwani, in the Education Department of the Haryana Government. Under the policy/scheme of the State Government, one of the spouses was entitled to draw fixed medical allowance if both of them, husband and wife, were Government employees. The petitioner was granted fixed medical allowance at the rate of Rs. 30.00 per month. The petitioner's husband was an employee of a Central Government undertaking, namely, Kshetriya Gramin Bank, Bhiwani, sponsored by Punjab National Bank. Since both the petitioner and her husband were not employees of the State Government of Haryana, the petitioner has challenged the order of recovery. It has been contended that there was no bar against the petitioner receiving fixed medical allowance from the Haryana Government. Since she was entitled to get such allowance, the benefit has been wrongly withdrawn.

(2.) The respondents have, on the other hand, pleaded that medical allowance was rightly withdrawn on audit objections raised by the auditors of Accountant General, Haryana. The petitioner never represented to the Accountant General and, therefore, she has no right to challenge the recovery of excess payment. An amount of Rs. 2460.00 is said to have been already recovered.

(3.) Government of Haryana in letter dated 2.12.1988 (Annexure P-1) laid down the instructions regarding payment of medical allowance to the Haryana Government employees. The following instructions in first paragraph of the said letter are relevant:-