PAWAN KUMAR CHOUDHARY SON OF LATE DR. HARE RAM CHOUDHARY Vs. THE STATE OF BIHAR THROUGH PRINCIPAL SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Pursuant to order dated 03.09.2015, the Secretary, Department of Animal Husbandry, Government of Bihar, Patna is present in Court.

(3.) The controversy in the present writ application is that the petitioners are the children of the second wife of deceased Hareram Choudhary, an employee of the State of Bihar. Upon his death sometime in the year 2010, the respondent no. 8, who is the first wife of the deceased employee was paid the family pension whereas the petitioners who are the children from the second wife and were eligible to get a portion of the family pension as per the circular of the State Government of the year 1964 as modified in the year 1996 have been denied the benefit. From the materials brought on record and submissions of learned counsel for the parties, this Court is of the opinion that as per the law existing, if an employee leaves behind more than one living spouse and children from the wedlock, only the first wife who is alive along with the children of the other wife, till they attain the age of 25 years or in case of daughter till they are married, are entitled to division of the family pension among themselves.