WP(C) 1301/2009 BEFORE THE HON’BLE MR JUSTICE B.K. SHARMA Heard Mr. M. Singh, learned counsel for the petitioner as well as Mr. Go swami, learned Standing Counsel, ASEB. None has appeared for respondent No.5. It is an admitted position that the petitioner is the legally married wi fe of the deceased, namely, Late Karuna Kanta Deb, who was a grade-IV employee i n the Office of the Chief Engineer, Assam State Electricity Board (ASEB), Guwaha ti. During his life time, he also married the respondent No.5. Referring to the decision of the Apex Court reported in AIR 2000 SC 735 (Rameswari Devi Vs. State of Bihar & Others), it is the submission of Mr. Singh, learned counsel for the petitioner that the pensionary benefits be divided in e qual shares i.e. 50-50 to the petitioner and the children of the second wife. Be it stated here that the respondent No.5 has 6(six) children through the decease d employee. As agreed to by the learned counsel for the parties, this writ petition is disposed of providing that the ASEB may disburse the pension in equal shares to the petitioner and the children of respondent No.5. The ASEB authority shall make necessary arrangement so that 50% of the pensionary benefit goes to the min or children of the respondent No.5. The amount that has already been drawn by ei ther of the parties may be adjusted while making the future payments. With the above directions and observations, the writ petition is dispose d of, without however, any order as to costs.