CWP No.903 of 2008 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH. CWP No.903 of 2008 Date of decision: 8.9.2008 Daya Wanti ..Petitioner Versus State of Punjab and others ...Respondents CORAM: HON'BLE MR. JUSTICE ASHUTOSH MOHUNTA HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. M.L. Sachdeva, Advocate, for the petitioner. Mr. B.S. Chahal, DAG, Punjab, for respondents No.1 to 4. Mr. P.D. Mehta, Advocate, for respondent No.5. Ashutosh Mohunta, J. (oral) The petitioner has prayed for setting-aside the letter/challan dated 25th May, 2007 seeking recovery of Rs.1,74,986/- out of Rs.1,87,992/- on account of excess DA paid to the petitioner on family pension. The husband of the petitioner, who was working in the Department of Health in the Primary Head Centre, Goiana Mandi, District Bathinda, died on 24th September, 2000. However, her son got a job in the Department of Health and Family Welfare, Punjab on compassionate ground. The petitioner was informed by respondent No.5 that as her son has joined the Government service on compassionate ground, hence she is not entitled for DA on family CWP No.903 of 2008 2 pension w.e.f. 14th May, 2001 to 31st March, 2007. The total amount recoverable on account of excess dearness allowance paid to the petitioner, was Rs.1,74,986/-. Learned counsel for the petitioner submits that there was no misrepresentation on the part of the petitioner in claiming dearness allowance. All information with regard to the employment of her son on compassionate ground had been furnished to the respondents and therefore, no recovery of excess dearness allowance paid to the petitioner can be effected in view of the judgment (Annexure P-11). We have perused the judgment (Annexure P-11) and find that the case of the petitioner is squarely covered by the aforesaid judgment. In view of the above, the claim of the petitioner in respect of recovery sought to be made from them qua the excess dearness allowance paid to the petitioner is allowed. Accordingly, no recovery shall be made from the petitioner. In case any recovery has already been made, the same be refunded to the petitioner within a period of six months from the date of receipt of the certified copy of this order. (ASHUTOSH MOHUNTA) JUDGE (RAJAN GUPTA) JUDGE September 08, 2008 'rajpal'