SOMA RANI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition has been filed under Article 226/227 of the Constitution of India praying for issuance of a writ in the nature of mandamus directing the respondents not to effect recovery from Family Pension of the petitioner on account of excess payment of Dearness Allowance on Family Pension.

(2.) It has been pleaded that husband of the petitioner namely Ramesh Kumar was serving the respondents as Agriculture Sub Inspector. He expired while in service on 26.2.1992. Family Pension was released in favour of the petitioner alongwith Dearness Allowance on Family Pension.

(3.) Son of the petitioner was given appointment on compassionate ground on 26.5.1994. On the appointment of family member, Dearness Allowance was not payable which is sought to be recovered by virtue of the impugned action.