Page No.# 1/3 GAHC010189702024 2025:GAU-AS:15988 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4733/2024 SMT. MINU HIRA W/O- LATE JUKTI RAM HIRA, VILLAGE- NASATRA, P.O- PHULBARI, DIST- BARPETA, ASSAM, PIN-781307 VERSUS THE UNION OF INDIA AND 4 ORS. REP. BY THE SECRETARY TO THE GOVT. OF INDIA, DEPARTMENT OF HOME AFFAIRS, NEW DELHI-01 2:THE DIRECTOR PAY AND ACCOUNTS OFFICE MHA CRPF PSP-2 PLOT NO-14 ROHINISECTOR-23 NEW DELHI-110085 3:THE DEPUTY INSPECTOR GENERAL OF POLICE GROUP CENTRE CRPF 9TH MILE AMERIGOG GUWAHATI-23 4:THE COMMANDANT 49 BN CRPF KARAN NAGAR Page No.# 2/3 SRINAGAR-190010 5:PRABHA KUMARI BORA D/O- KANTA BORA VILLAGE BHELUGURI P.O- SAMAGURI DIST- NAGAON ASSAM PIN-78214 Advocate for the Petitioner : MD S HOQUE, MS B A AHMED,MS A BEGUM,MR. M DEKA Advocate for the Respondent : DY.S.G.I., MR. U K GOSWAMI,MR P R SARMA (R-5),MS P DEVI(R-5) BEFORE THE HON’BLE MR JUSTICE ARUN DEV CHOUDHURY O R D E R 24.11.2025 1. Heard Mr. S Hoque, learned counsel for the petitioner. Also heard Mr. UK Goswami, learned State Counsel and Mr. PR Sarma, learned counsel for the respondent No. 5. 2. The present writ petition involves claim of family pension on the death of government servant, a CRPF Constable having ID No. 850870023. 3. The government servant died-in-harness on 19.07.2018, after serving 30 years 11 months 25 days of service. 4. The deceased employee after death of his first wife on 23.08.2006, married respondent No. 5. Such fact is not disputed by the petitioner herein. 5. It is the case of the petitioner herein that the respondent No. 5 during the lifetime of deceased government servant left him and subsequently, the deceased servant married the present petitioner on 01.02.2009 and out of their wedlock, two children were born. Such fact is also not disputed by the Page No.# 3/3 respondent No. 5. 6. The petitioner claims by filing this writ petition the grant of family pension on the death of government servant. Thus, the dispute concerns payment of family pension to the two surviving wives i.e. the petitioner herein and the respondent No. 5. 7. Mr. Goswami, learned counsel for the respondent employer submits that in term of pension rule, the second wife shall not be entitled for any pensionary benefit though her minor children born from the deceased govt. employee shall be entitled for the same. 8. Law is by now well settled that the children borne out of second marriage during subsistence of his first marriage, when the deceased employee is a Hindu shall be entitled for the pensionary benefits but not the second wife. 9. That being the position, more particularly, in view of the admitted position recorded herein before, the present writ petition stands disposed of by directing the respondent authorities to issue a family pension payment order as per the Pension Rules, on the death of the government servant in favour of the respondent No. 5 and the children of the petitioner herein, who are stated to be minor. Accordingly, the respondent authorities shall do the needful in terms of aforesaid rule. Such exercise be carried out within a period of four weeks from the date of receipt of the certified copy of this order. 10. With the aforesaid, the present writ petition stands disposed of. JUDGE Comparing Assistant