CWP NO. 3508 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. DATE OF DECISION: 05.3.2009 Gurmeet Kaur ...Petitioner VERSUS State of Punjab & Others …Respondents CORAM HON'BLE MR.JUSTICE PERMOD KOHLI PRESENT: Mr.ADS Ghuman, Advocate for the petitioner Permod Kohli, J. (Oral) Notice of motion. On the asking of this Court, Mr.B.S.Chahal, DAG, Punjab accepts notice on behalf of the respondents no.1 and 2. In view of the short controversy involved and the matter being covered, this petition is disposed of at motion stage. The husband of the petitioner, namely, Bawa Singh died during service and family pension was sanctioned in favour of the petitioner under CWP NO. 3508 of 2009 2 rules. The petitioner was receiving the family pension, including the dearness allowance. In the meanwhile, the petitioner's daughter also got job on compassionate grounds. Thereafter, the petitioner has been asked to deposit the amount received by her as dearness allowance alongwith the family pension and further component of dearness allowance has also been stopped on the basis of Government Policy which inter-alia prohibits payment of dearness allowance in the event of grant of compassionate appointment to a family member. The petitioner has accordingly filed this petition challenging the action of respondents. It is agreed to by the learned counsel for the parties, that the issue involved in this petition is covered by a judgment of this Court rendered in the case of Mukhtiar Singh and others vs. State of Punjab and others (CWP No.891 of 2003 alongwith other connected matters) decided on 20.1.2004 wherein following observations have been made:- “...In view of the above, the instant writ petitions are dismissed in so far as the claim of the petitioner for dearness allowance on family pension is concerned. However, the prayer of the petitioners is allowed in respect of recovery sought to be made from them. In case any recovery has been made from the petitioners in the interregnum, the same shall be refunded to the petitioners within a period of four months from today. CWP NO. 3508 of 2009 3 Disposed of in the aforesaid terms.” The aforesaid observations shall apply to the case of the petitioner also. This petition is disposed of as such. (PERMOD KOHLI) JUDGE 05.3.2009 MFK