IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Civil Writ Petition No.2668 of 2010 Date of Decision : February 16, 2010. Nasib Kaur .....Petitioner versus State of Punjab and others .....Respondents CORAM : HON'BLE MR.JUSTICE SURYA KANT. Present : Mr.G.S.Punia, 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? --- ORDER Surya Kant, J. (Oral) The petitioner seeks a writ of certiorari to quash the order whereby the amount of dearness allowance already paid to her is sought to be recovered. She also seeks a mandamus to direct the respondents to refund the amount of D.A. Which they have by now recovered from her. The petitioner is a widow of late Shri Munshi Ram, who died in harness on 2.1.2005 while in service of the Punjab Government. The petitioner has been granted family pension. It appears that her son has also been given employment under the ex-gratia scheme. The government policy provides that wherever a dependent of the deceased employee has been given employment under the ex-gratia scheme, the other family C.W.P.No .2668 of 2010 2 member receiving the family pension, shall not be entitled to draw the dearness 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. 16-02-2010 (SURYA KANT) Mohinder JUDGE