IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Civil Writ Petition No.3920 of 2010 Date of Decision : March 08, 2010. Padmini Rai .....Petitioner versus State of Punjab and others .....Respondents CORAM : HON'BLE MR.JUSTICE SURYA KANT. Present : Mr.A.K.Walia, Advocate, for the petitioner. -.- 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? --- Surya Kant, J. (Oral) The petitioner seeks a writ of certiorari for quashing of the order for recovery of the dearness allowance already paid to her. She also seeks a mandamus to direct the respondents to refund the amount of D.A. already recovered from her. The petitioner is widow of late Shri Joginder Pal Rai, who died in harness on 7.8.1997 while in service of the Punjab Government. The petitioner has been granted family pension, her son appears to have got employment under the ex-gratia policy. The government policy provides that 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 the dearness C.W.P.No .3920 of 2010 2 allowance on such family pension. The petitioner's grievance is that she has no objection against the withdrawal of the dearness allowance prospectively but whatever has been paid to her in the past, may not be recovered as is intended by the respondent-authorities. The counsel for the parties 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. The writ petition is accordingly allowed in part in terms of the decision of this Court in Mukhtiar Singh's case (supra). Dasti. March 08, 2010 (SURYA KANT) Mohinder JUDGE