- (1.) The present writ petition has been filed under Articles 226/227 of the Constitution of India for issuance of appropriate writ, order or direction for relief of dearness allowance on family pension to the petitioners who are widows.
(2.) The pleaded case of the petitioners are that the husband of petitioner No.1, was working in the office of the Deputy Commissioner, Ferozepur, who expired on 04.04.1991 and the said petitioner was serving in the Department of Food & Supplies prior to the death of her husband and was continuing on the same post. The husband of Petitioner No.2 was working in the Department of Irrigation, who died on 30.01.1991 and the said petitioner was serving as Teacher in the Education Department prior to the death of her husband and was continuing on the same post. Petitioner No.1 did not re-marry and after the death of their husband, neither secured any job on account of the death of their husband. Family pension was sanctioned @ Rs. 750/- per month from 05.04.1991 to 04.04.1998 and Rs. 420/-, thereafter, subject to her re-marriage. Similarly, petitioner No.2 was granted family pension w.e.f. 31.01.1991 on account of death of her husband. The family pensioners were entitled to dearness allowance along with family pension w.e.f. 01.02.1992 as per para-1-A(C) of the letter dated 23.08.1993 and the amount of family pensions were to be fixed by the respective departments. The pay of the petitioners were fixed and dearness allowance bills were prepared by their respective departments. However, the bills were returned with the objection that only a family pensioner who was employed against the death of her husband was entitled to such relief and the relief cannot be extended to the widows of employees who were already in service at the time of death of their husband. The petitioners had requested for release of the due dearness allowances and the representations were attached as Annexures P-3 & P-4. Petitioner No.1 received letter dated 08.06.1994 (Annexure P-5) from the Administrative Officer of her Department that she was not entitled to the claim of dearness allowance. Resultantly, the present writ petition came to be filed.
(3.) In the written statement filed by respondent No.1 & 3, it has been pleaded by the State that the family pensioners who got employment after the death of their spouse were sanctioned dearness allowance on pension but the employed family pensioners were not allowed dearness allowance on family pension. The dearness allowance was with-held by the respondents in view of the circulars dated 23.08.1993 & 8/14.06.1994.;