CHAMPA DEVI Vs. UNION OF INDIA (UOI) AND ORS.

JUDGEMENT

(1.) The writ Petitioner is the widow of late Mangal Dass, who retired from the Posts and Telegraphs Department and, therefore, she was getting family pension with effect from 1.3.1990. The writ Petitioner is also employed in the Department of Education, Himachal Pradesh and at present on deputation with N.C.C. as a Sweeper. She was getting pension, alongwith dearness relief, regularly with effect from 1.3.1990 under Rule 55A of the CCS (Pension) Rules but subsequently the dearness relief on pension was stopped by the department and also started recovering the payment already made, at the rate of Rs. 200/ - per month. Hence, the present writ petition.

(2.) In the reply affidavit, the above facts are not disputed and it has been stated that recovery of dearness relief allowance was started in view of letter dated 14.3.1995, issued by the Ministry of Personnel, Public Grievances and Pensions (Department of Pension & PW). A copy of the said letter is available at Annexure -RA to reply affidavit. It has also been stated that the above letter was issued in view of the decision of the apex Court in Union of India and Ors. v/s. G. Vasudevan Pillay and Ors. : (1995) 2 SCC 32. From the Annexure at RD to the reply affidavit, we find that an amount of Rs. 1000/ -was recovered with effect from 2.4.1993 and the remaining amount of Rs. 7239/ - is yet to be recovered.

(3.) Heard Mr. Rajiv Sharma, learned Counsel for the Petitioner and Mr. P.A. Sharma, Senior Central Government Standing Counsel, for the Respondents.