- (1.)By the present writ petition, the petitioner has claimed that Dearness Allowance (DA) paid to her on the family pension, which she was getting upon the death of her husband, could not be recovered back under the Order Annex.9 dated 04.05.2009 issued by the respondent- Treasurer (Rural), Jodhpur. The petitioner's husband was working as Nurse Grade-II and died while in service on 03.03.1983. The present petitioner was not only given family pension but was also granted compassionate appointment under the Rules of 1975 but the family pension continued to be paid to her during the period of her service upon being appointed on compassionate grounds.
(2.)Upon her own superannuation, it was found that she was paid Dearness Allowance twice over included in the family pension payable to her and another in the regular pay paid to her while she was in service having been appointed on compassionate grounds. The recovery proceedings of such excess Dearness Allowance paid to her was initiated and a sum of Rs.1,06,968/- under Annex.9 dated 04.05.2009 was sought to be recovered by 1/3 rd deduction from the regular family pension, which was again started to be paid to her after her own superannuation by deducting a sum of Rs.1,021/- being 1/3 rd of Rs.3,063/-, the family pension payable to her per month.
(3.)Learned counsel for the petitioner, Mr. Mukesh Rajpurohit, relying upon the earlier decision of this Court in the case of petitioner in her writ petition being SBCWP No.3748/1990, decided by a coordinate bench of this Court on 14.02.1992, [WLR 1992 (S) 312], submitted that since such recovery was being made from her without giving an opportunity of hearing, this Court was pleased to send the matter back to the competent authority for deciding her case after hearing her and till then no recovery was to be made. But, when again, the impugned Order Annex.9 dated 04.05.2009 was passed, she had to approach this Court again.