IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (S/B) No. 170 of 2009 Smt. Rachna Phulera and others …..Petitioners. Versus State of Uttarakhand …..Respondent. Present : Mr. Sudhir Kumar, Advocate for the petitioners. Mr. K. P. Upadhaya, Additional Chief Standing Counsel for the State of Uttarakhand. Coram: Hon’ble Barin Ghosh, CJ Hon’ble Sudhanshu Dhulia, J. Barin Ghosh, C.J. (Oral) The writ petition is by the wife of the deceased employee and her children through the wedlock that she had with the deceased. The petitioners in the writ petition claimed payment of all terminal dues and claims of the deceased, who died in harness. The petitioner no.1, being the wife of the deceased, married him after the deceased divorced his first wife. Petitioners have obtained succession certificate from the appropriate Court suggesting that they succeed the deceased. From the counter affidavit filed, it appears that all other terminal dues due and payable to or on account of the deceased have been paid to the petitioners. The remaining claim is on account of family pension. When the Department sought legal opinion, it was opined that family pension on account of the deceased may be given to his mother. According to us, this opinion has been given without considering the pension rules. In terms whereof, it is the wife, who if surviving the deceased, is alone entitled to family pension. We, accordingly, dispose of the writ petition by directing the respondents to ensure settlement and payment of family pension due and payable to the extent permissible by law, as quickly as possible, but not later than four months from the date to the petitioner no.1. After we dictated, learned counsel for the petitioners submitted that there are some dues on account of Group Insurance. The learned counsel for the respondent submitted that in addition to dues on account of Group Insurance, if any, other 2 dues remain to be settled and paid, steps in that regard would also be taken within the time, as mentioned above. (Sudhanshu Dhulia, J.) (Barin Ghosh, C.J.) 26.10.2010 Kuldeep