C.W.P. No. 13640 of 2011 [ 1 ] IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH C.W.P. No. 13640 of 2011 Date of Decision: Aug. 8, 2011 Surinder Kaur .......................................... Petitioner Versus State of Punjab and others ................... Respondents Coram: Hon'ble Ms. Justice Ritu Bahri 1.To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest? Present: Mr. R.K.Chauhan, Advocate for the petitioner. Ms. Kavita Arora, AAG, Punjab. ... RITU BAHRI, J. (Oral) Challenge is to the recovery being made vide Annexure P-5 from the family pension given to the petitioner from 19.7.1999 to the extent of `67,361/-. This amount has been recovered on account of excessive payment of DA from 5.1.2002 to 30.9.2010 on account of the fact that the petitioner's son has been re-employed on compassionate ground on 5.1.2002. At the outset, counsel for the petitioner does not C.W.P. No. 13640 of 2011 [ 2 ] challenge the withdrawal of DA on family pension. However, in respect of recovery which is made from the family pension, he is relying on the judgment of Supreme Court in Sahib Ram v. State of Haryana and others 1994 (5) SLR 753 to contend that there was no misrepresentation or fraud committed by the petitioner which led to the payment of Dearness Allowance on family pension. On similar grounds this Court has set aside the recovery order in judgments Annexures P-6 and P-7. Writ petition is allowed. Letter (Annexure P5) is set aside and the respondents are directed to refund the amount of `67,361/- to the petitioner within a period of six weeks from the date of receipt of a certified copy of this order. 8.8.2011 ( RITU BAHRI ) Rupi JUDGE