IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CWP NO. 5134 OF 2009 DATE OF DECISION: 31.3.2009 Smt. Santra Devi ...Petitioner VERSUS State of Punjab & others …Respondents CORAM HON'BLE MR.JUSTICE PERMOD KOHLI PRESENT: Mr. Dharam Pal, Advocate for the petitioner. 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 petitioner is a widow of public servant who died, while in service. The family pension alongwith DA was sanctioned and granted in favour of the petitioner by the competent authority. Subsequently, son of the petitioner namely Ravinder Kumar was given compassionate appointment, but the competent authority inadvertently continued to pay DA to the petitioners alongwith family pension. 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 CWP NO. 5134 OF 2009 :2: petitioner. The issue involved in the present petition is squarely 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 31.3.2009 lucky