IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2989 of 2006 ASHA KUMARI MISHRA Versus THE STATE OF BIHAR & ORS ----------- 2. 9.4.2010. Heard Mr. Pramod Kumar for the petitioner, Mr. Bipin Kumar, learned Assisting Counsel to Advocate General for the State. The petitioner is the minor daughter of Late Ram Nandan Mishra who superannuated on 30.11.2004 while holding the post of Head Clerk in Press and Forms, Gaya. The petitioner has maintained this writ petition through her legal guardian, her elder brother Sri Shashi Shekhar Mishra. Learned counsel for the petitioner submits that Late Ram Nandan Mishra who had superannuated from the post of Head Clerk was drawing his pension but he expired on 6.9.2005. The mother of the petitioner Savitri Devi had died earlier on 29.8.1991 and whereafter, the father of the petitioner got married to respondent no.12 Deepa Devi but he also expired on 6.9.2005. Thereafter the family pension has been authorized by the Accountant General in favour of respondent no.12 Deepa Devi, the second wife of Late Ram Nandan Mishra. The writ petition has been filed for 2 distribution of the family pension in between the petitioner who is the minor daughter of Late Ram Nandan Mishra and respondent no.12, the second wife of the deceased employee who admittedly is drawing the family pension. Learned counsel for the petitioner, with reference to the statement made in paragraphs-14 and 15 of the writ petition, submits that respondent no.12 has left the house of the petitioner and is living separately. It is thus submitted that in absence of appropriate financial resources, the petitioner is facing difficult situation. He submits that the family pension is paid to the widow of the deceased employee to provide support to her and the family members of the deceased employee. Learned counsel thus submits that as the petitioner happens to be the daughter of the deceased employee from the first wife, hence, the respondent no.12 does not consider her responsibility to look-after the petitioner. Having regard to the nature of the grievance set forth, I deem it fit to remit this matter before respondent no.6 the Superintendent, Press and Forms, Gaya Jail Press, Gaya to decide the issue in the light of the Government Circulars 3 on the issue of equal distribution of the family pension amount between the minor children from the first wife and the surviving widow in situations where it is proved that the second wife, i.e surviving widow has disassociated herself from the family of the deceased employee including the children born from the first wife. This writ petition is thus disposed of with a liberty to the petitioner to raise her claim before respondent no.6 together with the relevant circulars on the issue as noted hereinabove and which shall be considered and disposed of by respondent no.6, the Superintendent, Press and Forms, Gaya Jail Press, Gaya after due notice and opportunity of hearing to the petitioner and the respondent no.12 who may appear either through themselves individually or through their authorized representative. The respondent no.6 shall dispose of the matter expeditiously and preferably within a period of three months from the date of receipt/production of a copy of this order. ahk (Jyoti Saran, J.)