IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CWP NO. 14204 OF 2008 DATE OF DECISION: 5.3.2009 Chando Rani and others ...Petitioners VERSUS State of Punjab and others …Respondents CORAM HON'BLE MR.JUSTICE PERMOD KOHLI PRESENT: Mr. Veneet Sharma, Advocate for the petitioners. Permod Kohli, J. (Oral) Notice of motion. On the asking of this Court, Mr.B.S.Chahal, DAG, Punjab accepts notice on behalf of the respondents-State. With the consent of the counsel, this petition is disposed of at motion stage. The petitioners are the widows of public servants who died, while in service. The family pension alongwith DA was sanctioned and granted in favour of the petitioner by the competent authority. Subsequently, sons of the petitioners were given compassionate appointments but the competent authority inadvertently continued to pay DA to the petitioners. On the basis of Government instructions, the respondents ordered recovery of D.A. paid to the petitioner and also stopped the payment of D.A. It is stated at bar that the payment was not as a result of any fraud or misrepresentation on the part of petitioner. The issue involved in the present petition is squarely CWP NO. 14204 OF 2008 :2: covered by 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 directions were issued:- “...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.” This petition is disposed of in terms of the aforesaid directions. (PERMOD KOHLI) JUDGE 5.3.2009 lucky