IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP No. 984 of 2009 Date of Decision: 21.1.2009. Ram Piari ---Petitioner Vs. State of Punjab and others ---Respondents CORAM:- HON'BLE MR.JUSTICE PERMOD KOHLI. Present:- Mr. R.K. Arora, Advocate for the petitioner. *** PERMOD KOHLI.J (ORAL) The petitioner is widow of late Sh. Guljari Lal, Junior Assistant, who expired on 2nd April, 2003 while in service. Petitioner was paid the family pension and the D.A. as permissible under rules. Later, the son of the petitioner namely Sh.Vijay Kumar was given compassionate appointment on 31st July, 2004. Based upon that, the respondents have ordered the recovery from the petitioner of the component of D.A. earlier paid to her alongwith the family pension and have also stopped the further payment of D.A. The issue involved is squarely covered by a judgement of the Hon'ble Division Bench of this Court passed on 20.1.2004 in CWP No.891 of 2003, wherein the following direction was given:- “ In view of the above, the instant writ petitions are dismissed in so far as the claim of the petitioners for dearness allowance on family pension is concerned, however, the prayer of the petitioners is allowed in respect of the recovery sought to be made from them. In case any recovery has been made from the petitioners in the interregnum, the same shall be CWP No. 984 of 2009 -2- refunded to the petitioners within a period of four months from today. Disposed of in the aforesaid terms.” Petitioner is also entitled to the same relief. This petition is accordingly disposed of in terms of the aforesaid judgement. (PERMOD KOHLI) JUDGE 21.1.2009 lucky