CWP-12233-200 IN THE HIGH COURT OF PUNJAB & HARYANA 971 Devinder Kaur State of Punjab and CORAM: HON'BLE MR. JUSTICE AMAN Present : None Ms. Shruti, AAG, Punjab AMAN CHAUDHARY, J. (ORAL) 1. Prayer made in the present petition not to make recovery of the amount of dearness allowance pension from 14.05.2001 to 01.12.2001 including arrear w.e.f. 18.07.1997 to 14.05.2001. 2. The Division Bench while admitting the petition on 08.08.2006 had stayed the recovery. Reference in the index was placed on a decision rendered by the Division Bench in CWP and others, dated 13.02.2004, r “We have heard the learned counsel for the parties. recovery is squarely covered by the decision rendered by this Court in ASI Amrik Singh vs. State of Punjab an of 2003, decided on 05.12.2003), specially on account of the fact that the payment of dearness allowance on family pension was not released to the petitioner on account of any misrepresentation at the hands of the petitioner. limited extent that the action of the respondents in effecting 2006 (O&M) IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Versus State of Punjab and others HON'BLE MR. JUSTICE AMAN ***** None for the petitioner. Ms. Shruti, AAG, Punjab. ***** AMAN CHAUDHARY, J. (ORAL) Prayer made in the present petition not to make recovery of the amount of dearness allowance pension from 14.05.2001 to 01.12.2001 including arrear w.e.f. 18.07.1997 to The Division Bench while admitting the petition on 08.08.2006 had stayed the recovery. Reference in the index was placed on a decision rendered by the Division Bench in CWP-2496-2004 titled as , dated 13.02.2004, relevant of which reads thus: “We have heard the learned counsel for the parties. Learned counsel for the parties are agreed that the issue of recovery is squarely covered by the decision rendered by this Court in ASI Amrik Singh vs. State of Punjab an of 2003, decided on 05.12.2003), specially on account of the fact that the payment of dearness allowance on family pension was not released to the petitioner on account of any misrepresentation at the hands of the petitioner. In view of the above, the instant writ petition is allowed to the limited extent that the action of the respondents in effecting - 1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP-12233-2006 (O&M) Date of decision: 03.05.2025 ....Petitioner ...Respondents HON'BLE MR. JUSTICE AMAN CHAUDHARY Prayer made in the present petition is for directing the respondents not to make recovery of the amount of dearness allowance given on family pension from 14.05.2001 to 01.12.2001 including arrear w.e.f. 18.07.1997 to The Division Bench while admitting the petition on 08.08.2006 had stayed the recovery. Reference in the index was placed on a decision rendered by 2004 titled as Shanti Devi vs. State of Punjab elevant of which reads thus:- “We have heard the learned counsel for the parties. Learned counsel for the parties are agreed that the issue of recovery is squarely covered by the decision rendered by this Court in ASI Amrik Singh vs. State of Punjab and others (CWP no.15762 of 2003, decided on 05.12.2003), specially on account of the fact that the payment of dearness allowance on family pension was not released to the petitioner on account of any misrepresentation at the iew of the above, the instant writ petition is allowed to the limited extent that the action of the respondents in effecting .2025 ....Petitioner ...Respondents directing the respondents given on family pension from 14.05.2001 to 01.12.2001 including arrear w.e.f. 18.07.1997 to The Division Bench while admitting the petition on 08.08.2006 had stayed the recovery. Reference in the index was placed on a decision rendered by Shanti Devi vs. State of Punjab Learned counsel for the parties are agreed that the issue of recovery is squarely covered by the decision rendered by this Court d others (CWP no.15762 of 2003, decided on 05.12.2003), specially on account of the fact that the payment of dearness allowance on family pension was not released to the petitioner on account of any misrepresentation at the iew of the above, the instant writ petition is allowed to the limited extent that the action of the respondents in effecting ASHOK KUMAR 2025.05.03 16:31 I attest to the accuracy and integrity of this document CWP-12233-200 recovery from the petitioner is set aside. The recovery, if any already made, shall be refunded to the petitioner within one month from today. 3. Learned State counsel, despite best efforts, as regards the factual position and draw out any distinctive aspects in the aforementioned 4. The petition is disposed of in terms of 03.05.2025 ashok Whether speaking/reasoned Whether reportable 2006 (O&M) recovery from the petitioner is set aside. The recovery, if any already made, shall be refunded to the petitioner within one month from today. Allowed in the aforesaid terms.” earned State counsel, despite best efforts, as regards the factual position and draw out any distinctive aspects in the aforementioned judgment or cite any contrary law. The petition is disposed of in terms of (AMAN CHAUDHARY) Whether speaking/reasoned : Whether reportable : - 2- recovery from the petitioner is set aside. The recovery, if any already made, shall be refunded to the petitioner within one month Allowed in the aforesaid terms.” earned State counsel, despite best efforts, was unable to controvert as regards the factual position and draw out any distinctive aspects in the law. The petition is disposed of in terms of Shanti Devi (supra). (AMAN CHAUDHARY) JUDGE Yes / No Yes / No recovery from the petitioner is set aside. The recovery, if any already made, shall be refunded to the petitioner within one month controvert as regards the factual position and draw out any distinctive aspects in the ASHOK KUMAR 2025.05.03 16:31 I attest to the accuracy and integrity of this document