IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15651 of 2005 LALIMA DEVI Versus THE CHAIRMAN,BIHAR STATE ELECTRICITY BOARD & OTHERS ----------- 4. 18.5.2010. Heard Mr. Sanjeev Kumar for the petitioner and Mr. Vinay Kirti Singh, learned counsel representing the Board. Indisputedly, the petitioner is the second wife of the deceased employee Deep Narain Sharma who died in harness on 13.5.1998 while holding the post of Meter Reader. It is admitted position that the retiral benefits of the deceased employee was distributed equally between the first wife Late Janki Devi who was issueless and the children of the present petitioner who is the second wife of the deceased employee. The first wife expired on 28.9.2004. It is also admitted position that the children born from the wedlock between the deceased and the present petitioner are drawing 50% of the family pension. The first wife Janki Devi expired on 28.9.2004 and whereafter the payment of 50% of family pension being made to her, was stopped by the respondent, who however have continued to make payment of the other 50 % family 2 pension to the children born from the present petitioner. The only dispute which falls for consideration is what would happen to 50% of the family pension which was being paid to Late Janki Devi, the first wife of the deceased employee and whether the respondents have jurisdiction to forfeit/withdraw the same. Learned counsel for the Board submits that as the children from the second wife are being provided with 50% of family pension, the other 50 % which was being paid to the first wife, Janki Devi, would cease after her death, in terms of the Statutory provision, on the issue. The submission of learned counsel for the Board neither appears convincing nor lawfully supportable. Undoubtedly, the payment of 50% of pension to the first wife would cease on her death but the entitlement of the family to draw family pension would not cease and consequently the entire family pension would devolve upon the children born from the wedlock between the deceased employee and the second wife i.e the present petitioner, who are 3 admittedly drawing the other 50%. The admissibility to draw family pension in terms of Clause (7) (iii) of the Family Pension Scheme 1964 has been clarified therein and would continue to be admissible and be paid until the widow or widower expires or remarriage takes place whichever is earlier or the minor son attains the age of 18 years or in case of unmarried daughters attaining the age of 20 years or getting married which ever is earlier. The said age of 20 years has been enhanced to 25 years by an amendment introduced in the Scheme. Thus, except for the stipulation provided under Clause (7)(iii) of the Family Pension Scheme, the payment cannot be stopped in any other circumstances. Undoubtedly, notes 1 and 2 mentioned in para-7 (iii) provides an answer in case of survivorship of more than one widow or one widow and children born from the other wife and in no uncertain terms it provides for distribution of the family pension between the widow first wife and children born from the second wife to the extent of 50 % of the family pension each. A perusal of the aforesaid clauses 4 makes it eloquent that the first wife until her life time and the children born from the second wife, both would be entitled to 50% of family pension each. In case either of the two claimants attains the disability as provided under para-7(iii) of the Scheme the surviving claimant would become entitled to the full family pension till such time he possesses the eligibility to do so under the Scheme and he cannot be denied the same. Thus, in the present case, as admittedly the first wife has expired on 28.9.2004 and the children born from the second wife have not been disqualified in terms of clause 7(iii) of the Scheme, hence, they would be entitled to the full family pension amount until they are found to be eligible to draw the same. Learned counsel for the petitioner submits that although certain payments have been made to her but the same have been paid belatedly. Taking into consideration the circumstances noted above, the writ petition is disposed of with the direction to the 5 respondents to forthwith make payment of family pension to the extent of 100% to the children born from the present petitioner together with its arrears and continued payment until they attain disqualification in terms of para- 7(iii). The respondents would also provide a calculation chart of the amount paid to the present petitioner. The exercise would be completed within a period of three months from the date of receipt/production of a copy of this order. The writ petition stands dispose of with the direction aforesaid. ahk (Jyoti Saran, J.)