LAWS(PAT)-2003-2-48

AMLAWATI DEVI Vs. STATE OF BIHAR

Decided On February 25, 2003
AMLAWATI DEVI Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This appeal is directed against the order dated January 8, 2002 passed by the learned single Judge in CWJC No. 5864 of 2000, whereby he has held that the second wife is not entitled to family pension.

(3.) Law on this point is well settled. According to the Government instruction vide Memo No. Pen-103/64-9505-F dated 3/10/1964 as amended upto 1967, when a Government employee is survived by more than one widow, the pension will be paid to them in equal and on the death of a widow her share of the pension will become payable to her eligible minor child and if at the time of her death, a widow leaves no eligible minor child, the payment of her share of the pension will cease (sic).