VEENA RANI Vs. STATE OF PUNJAB & OTHERS

JUDGEMENT

(1.) Veena Rani wife of late Sh. Sansar Chand, Constable instituted the instant writ petition in the year 2006 seeking the issuance of a Writ of Mandamus for directing the respondent authorities to release in her favour full family pension along with Dearness Allowance component. Further prayer raised is that a recovery of Rs. 61,712.00 on account of excess payment of Dearness Allowance be not effected from her.

(2.) Brief facts are that husband of the petitioner namely Sansar Chand while serving on the post of Constable died in harness on 9.2.2000. Petitioner was granted family pension plus Dearness Allowance as admissible and the requisite P.P.O was issued. Admittedly, son of the petitioner namely Bishan Dev was appointed as Constable in the year 2001 on compassionate basis. It so transpires that in spite of a family member having been given appointment on compassionate basis, Dearness Allowance on family pension continued to be paid to the present petitioner i.e. the widow for the period 2001 to 2005. This led to the issuance of directions from the Treasury Office to the banks concerned to stop payment of Dearness Allowance on family pension with regard to pensioners wherein a family member had been granted benefit of compassionate appointment. Accordingly, the petitioner was released family pension w.e.f. 2005 minus Dearness Allowance component. The excess amount i.e. Dearness Allowance released to her for the period 2001 to 2005 i.e. Rs. 61,712.00 was sought to be recovered and which led to the filing of the present petition.

(3.) Learned counsel appearing for the petitioner, during the course of arguments today, concedes that the petitioner was not entitled to payment of Dearness Allowance on family pension w.e.f. the year 2001 i.e. the year her son had been appointed as Constable on compassionate grounds. Counsel makes a statement at the bar that he is confining the scope of the present petition only as regards recovery of the Dearness Allowance component that already stands released in favour of the petitioner.