CWP 3235 of 2009. 7.1.2011 Present: Mr. G.R.Palsra, counsel for the petitioners. Mr. Vikas Rathore, Dy. AG, for respondents 1 and 2. Petitioners in this case claim themselves to be minor children of deceased Moti Ram, a retired government servant. Their case is that they were born out of void marriage of their mother Guma Devi with Moti Ram and that though the marriage was void, they are legitimate children of Moti Ram, who is now dead and are entitled to 50% of the family pension payable to the family members of the deceased. They say that the entire pension is being paid to Sarswati, the first and the legally wedded wife of late Moti Ram. Respondents 1 and 2, in their reply, have stated that the case has been forwarded to the Accountant General. Nobody appears for the legally wedded wife of deceased Moti Ram, namely Sarswati, who has been impleaded as respondent No. 3. I have heard the learned counsel for the petitioner, as also learned Assistant Advocate General and gone through the record. Matter is covered by a judgment of the Supreme Court in Rameshwari Devi v. State of Bihar & -2- others, (2000) 2 SCC 431, per which, though the second marriage is void and the second wife is not entitled to any family pension due on account of the death of a government servant, her children, born from the loins of the deceased government servant are entitled to 50% of the pension, as such children are not illegitimate, for the purpose of succession. In view of the above said judgment, writ petition is allowed and it is directed that petitioners shall be paid 50% of the family pension, due on account of the death of Moti Ram, from the date when the family pension became due, i.e. 19.2.2007. January 7, 2011(PC). (Surjit Singh), J.