Punjab-Haryana High Court
State Of Haryana And Others vs Smt.Santosh Sharma on 6 August, 2008
Author: Nirmaljit Kaur
Bench: Nirmaljit Kaur
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
CASE NO.: RSA No.571 of 2007 (O&M)
DATE OF DECISION : August 06,2008
State of Haryana and others .......APPELLANTS
VERSUS
Smt.Santosh Sharma
......RESPONDENT
CORAM : HON'BLE MS. JUSTICE NIRMALJIT KAUR.
Present: Mr. Sidharth Batra, A.A.G., Haryana
for the State.
Mr. Atul Sharma, Advocate
for the respondent.
NIRMALJIT KAUR, J.
A suit for declaration was filed by the plaintiff, seeking Dearness Allowance on the family pension from the date, the family pension was sanctioned in her favour, which according to her, was the year 1987. A decree for declaration was passed in favour of the plaintiff to the effect that she is entitled to the dearness allowance on family pension from 31-01-2001 along with the rate of interest @9% p.a. Thereafter, aggrieved with the same, the State of Haryana challenged the said appeal against the judgment and decree dated 19-08-2006. Two separate appeals were filed against this judgment. The State had challenged the interest part while the plaintiff challenged the order and claimed that dearness allowance on family pension was payable RSA No.571 of 2007 (O&M) -2- from the date of the death of the pensioner. The District Judge, Karnal vide his judgment dated 15-11-2006 modified the judgment of the learned Civil Judge and partly accepted both the appeals and held as follows :
" It is ordered that appeal is partly accepted. It is held that the plaintiff is entitled to the dearness allowance on the family pension from the date of the family pension sanctioned in her favour but she would be actually entitled to the arrears of DA for the period of 3 years prior to the filing of the suit by her.She would also be entitled to interest @ 7.5% p.a. instead of 9% p.a. granted by the Ld. Civil Judge till the payment is made to her.
Needless to say the amount of arrears of DA already paid to the plaintiff after 31.01.2001 shall stand adjusted in the arrears of that period." The present appeal is totally mis-conceived specially because even though the Appellate Court held that the plaintiff is entitled to the dearness allowance on the family pension from the date of the family pension sanctioned in her favour, the arrears of dearness allowance were restricted to the period of three years, prior to the filing of the suit by her. The suit, in this case, was filed on 20-08-2003. Moreover, in any case, even the interest was reduced from 9% to 7.5%. Even on merits, the matter stood already thrashed out in the case of H.S.E.B vs. Azad Kaur 2002(1) RSJ Supreme Court 402 and Smt. Swaran Kaur vs. State of Punjab and others 1996(3) SLR (P&H) 644, wherein, it was held that there was no justification for withholding the dearness allowance on the family pension RSA No.571 of 2007 (O&M) -3- which had already been granted to the petitioner even though the widow was independently employed as Teacher elsewhere even prior to the death of her husband. The plaintiff too was appointed as ANM on her own merits. It is not the case that the plaintiff/respondent was given compassionate appointment.
Even the relief granting the dearness allowance is restricted to three years prior to the filing of the suit which was filed on 20-08-2003. Hence, no ground to interfere with the orders passed by the Courts below.
No substantial law point has been raised.
No merits.
Dismissed.
(NIRMALJIT KAUR) JUDGE August 06,2008 gurpreet