MC 1945/2010 BEFORE THE HON’BLE MR. JUSTICE IA ANSARI Heard Mr. SC Biswas, learned counsel for the applicant-petitioner, and M r. T Islam, learned counsel, appearing on behalf of the respondent No. 6. None h as appeared on behalf of the remaining respondents. The subject matter of controversy, in this writ petition, is the determi nation of the person, who is entitled to receive pension and retiral benefits ar ising out of the death of Abdul Gani, who, while working as a Village Level Exte nsion Worker, under the District Agriculture Officer, Darrang, died-in-harness, on 01-04-2010, leaving behind the writ petitioner, who was his first wife, the r espondent No. 6, who was his second wife and 12 issues; out of them, as many as 10 issues having been born in the wedlock with the writ petitioner and the remai ning two issues being born in the wedlock of the respondent No. 6. By making a joint application, which has given rise to Misc. Case No. 1945/2010, both the widows of the said deceased have stated to the effect, inter alia, tha t they have amicably settled their disputes and differences and they are agreeab le to receive pension and other retiral benefits aforementioned in the proportio n of 60:40, 60% of the pension and retiral benefits being receivable by the writ petitioner, whereas the remaining 40% of the pension and retiral benefits being receivable by the respondent No. 6. By their joint application aforementioned, both the parties to the said petition have also agreed that it is the writ petit ioner, who shall receive the pension and other pensionary/retiral benefits and d isburse the same to the respondent No. 6 in the proportion of 60:40 as described hereinbefore. Considering the fact that the parties to the writ petition and also the above miscellaneous application are poor and they need the support of the State for their sustenance, this Court is of the view that in the facts and attending circumstances of the present case, the State shall be directed to make available the pension and retiral benefits, arising out of the death of Abdul Gani, to th e petitioner, namely, Mustt. Anowara Begum, who, on receipt of the same, shall m ake over 40% of the same in favour of the respondent No. 6 and shall continue to disburse in the same manner in future as well. With the above observations and directions, this miscellaneous case and also the writ petition shall stand disposed of. No order as to costs.