CWP No.19065 of 2010.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.19065 of 2010 Date of Decision: 17.12.2010 **** Kamlesh Kaur & Anr. . . . . Petitioners VS. State of Punjab & Ors. . . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? **** Present: Mr. RK Arora, Advocate for the petitioners Mr. HS Brar, Addl. AG Punjab for respondents No.1to3 ***** SURYA KANT J. (ORAL) (1). The petitioners are wife and son of Ranjit Singh, who was working as Pump Driver with the Municipal Council, Nabha. He unfortunately died in harness on 08.12.2001. Petitioner No.1 is since then drawing ‘family pension’ whereas petitioner No.2 has got employment as a Clerk on compassionate grounds. The petitioners are now constrained to approach this Court as the respondents have started effecting recovery of the ‘excess DA’ granted on the ‘family pension’ which was allegedly inadmissible in a case where a CWP No.19065 of 2010.doc - 2 – member of the deceased employee has got appointment under the ex gratia policy. (2). As per the government policy, wherever a dependent of the deceased employee has been given employment under the ex-gratia scheme, the other family member receiving the family pension, shall not be entitled to draw dearness allowance on such family pension. (3). The petitioner's grievance is that she has no objection against the withdrawal of dearness allowance prospectively but whatever has been paid to her in the past may not be recovered as is intended by the respondent-authorities. (4). The counsel for the parties are ad-idem that the issue noticed above has already been answered by a Division Bench of this Court in favour of the petitioner in Mukhtiar Singh versus State of Punjab, CWP No.891 of 2003, decided on 20.1.2004. (5). The writ petition is accordingly allowed in part in terms of the decision of this Court in Mukhtiar Singh's case (supra). (6). Ordered accordingly. Dasti. 17.12.2010 vishal shonkar (SURYA KANT) JUDGE