IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CWP NO. 3805 OF 2010 DATE OF DECISION: 4.3.2010 Krishna Devi ...Petitioner VERSUS State of Haryana & others …Respondents CORAM HON'BLE MR.JUSTICE PERMOD KOHLI PRESENT: Mr. S.S. Duhan, Advocate for the petitioner. Permod Kohli, J. (Oral) Notice of motion. Mr. R.K.S. Brar, Addl. A.G., Haryana has been asked to accept notice on behalf of respondents-State. The petitioner is a widow of public servant who died, while in service. The family pension alongwith DA was sanctioned and granted in favour of the petitioner by the competent authority. Subsequently, petitioner was given compassionate appointment, but the competent authority inadvertently continued to pay DA to the petitioners along with family pension. On the basis of Government instructions, the respondents ordered recovery of D.A. paid to the petitioner and also stopped the payment of D.A. It is stated at bar that the payment was not as a result of any fraud or misrepresentation on the part of petitioner. The issue involved in the present petition is squarely covered by a judgment of this Court rendered in CWP NO. 3805 OF 2010 -2- 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 directions were issued:- “...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.” This petition is disposed of in terms of the aforesaid directions. Petitioner shall be entitled to the similar relief. (PERMOD KOHLI) JUDGE 4.3.2010 lucky