IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Civil Writ Petition No.4687 of 2009 Date of Decision : August 12, 2010. Sita Devi .....Petitioner versus Bhakra Beas Management Board and another .....Respondents CORAM : HON'BLE MR.JUSTICE SURYA KANT. Present : Mr.Neeraj Sharma, Advocate, for the petitioner. Mr.I.P.S.Doabia, Advocate, for the respondents. -.- 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 for quashing of the orders dated 26.9.2008 and 8.7.2008 (Annexures P-7 & P-5, respectively), whereby recovery from her family pension has been effected and the `family pension' has been reduced by withdrawing the element of `dearness allowance'. She also seeks a mandamus to direct the respondents to refund the amount already recovered from her. The petitioner's husband was working in the respondent- Board when he unfortunately died in harness on 23.3.1993. While the petitioner has been granted `family pension', her son was offered compassionate appointment but he too died on 6.12.2001. The government C.W.P.No .4687 of 2009 2 policy provides that wherever a dependent of the deceased employee has been given employment under the ex-gratia scheme, the other family member receiving the family pension, shall not be entitled to draw any `dearness allowance' on the `family pension'. After the death of her son, the petitioner made a representation before the Board-authorities and the `dearness allowance' on `family pension' was restored. The petitioner's grievance is that the dearness allowance earlier paid to her could not be recovered as she never misrepresented or misled the authorities in this regard. During the course of hearing, learned counsel for the parties are ad-idem that the issue raised herein 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). The amount deducted from the `family pension' of the petitioner shall be refunded to her within a period of three months from the date of receiving a certified copy of this order. Dasti. August 12, 2010 (SURYA KANT) Mohinder JUDGE