CWP No.20602 of 2008 : 1 : In the High Court of Punjab and Haryana at Chandigarh. Date of decision: 18.05.2009 Krishna Devi ... Petitioner Versus State of Punjab and others ... Respondents CORAM: HON'BLE MR. JUSTICE PERMOD KOHLI Present: Mr.RK Arya, Advocate, for the petitioner. Mr.BS Chahal, DAG, Punjab, for the respondents. PERMOD KOHLI, J. (Oral): In view of the short controversy involved and the matter being covered, this petition is disposed of at motion stage. The husband of the petitioner, namely, Mohan Lal Saini died during service and family pension was sanctioned in favour of the petitioner under rules. The petitioner was receiving the family pension, including the dearness allowance. In the meanwhile, the petitioner's son, Vijay Kumar Saini, also got job as a teacher in the department of education on compassionate grounds. Under the government policy, the dearness allowance is not payable where a member of the family of the deceased- employee is granted compassionate appointment. On that basis, the respondents not only stopped the payment of dearness allowance, but also ordered recovery of dearness allowance already paid to the petitioner. The petitioner has accordingly filed this petition. It is agreed to by the learned counsel for the parties, that the issue involved in this petition is covered by CWP No.20602 of 2008 : 2 : a judgment of this Court rendered in the case of Mukhtiar Singh and others vs. State of Punjab and others (CWP No.891 of 2003 alongwith other connected matters) decided on 20.1.2004 wherein following observations have been made:- “...In view of the above, the instant writ petitions are dismissed in so far as the claim of the petitioner for dearness allowance on family pension is concerned. However, the prayer of the petitioners is allowed in respect of recovery sought to be made from them. In case any recovery has been made from the petitioners in the interregnum, the same shall be refunded to the petitioners within a period of four months from today. Disposed of in the aforesaid terms.” The aforesaid observations shall apply to the case of the petitioner also. This petition is disposed of in terms of the aforesaid judgment. (PERMOD KOHLI) JUDGE 18.05.2009 BLS