IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Civil Writ Petition No.19647 of 2009 Date of Decision : March 05, 2010. Joginder Singh .....Petitioner versus State of Punjab and others .....Respondents CORAM : HON'BLE MR.JUSTICE SURYA KANT. Present : Mr.R.K.Arora, Advocate, for the petitioner. Ms.Charu Tuli, Sr.DAG, Punjab. -.- 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 to quash the order for recovery of the dearness allowance already paid to him. He also seeks a mandamus to direct the respondents to refund the D.A.amount already recovered from him. The petitioner's wife was working in the Education Department, Government of Punjab, when she unfortunately died in harness on 2.1.2004. While the petitioner has been granted family pension, his son appears to have 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 C.W.P.No .19647 of 2009 2 scheme, the other family member receiving the family pension, shall not be entitled to draw dearness allowance on such family pension. The petitioner's grievance is that he has no objection against the withdrawal of dearness allowance prospectively but whatever has been paid to him in the past, may not be recovered as is intended by the respondent-authorities. 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. The writ petition is accordingly allowed in part in terms of the decision of this Court in Mukhtiar Singh's case (supra). Dasti. March 05, 2010 (SURYA KANT) Mohinder JUDGE