Heard both the counsel.

2. This petition is filed to permit one Sri T.D.Dayal, holder of General Power of Attoney of the writ petitioner - Lakshmi Suri, to appear and act before the court on behalf of the writ petitioner.

3. (Brief facts and history of the case)

The writ petitioner is alleged to be the second wife of one late Amarnath Suri, who retired as Assistant Manager, Food Corporation of India Limited, Sanathnagar Office, Hyderabad. Her case is that the first wife - Smt. Santoshi Kumari had no issues. Late Amarnath Suri had married her on 18.4.1983 according to Hindu rites and begot three children whose names ar Raghunath Suri, Srinath Suri and Sainath Suri. The said Amarath Suri expired on 18.12.1997 and since then, the first wife Santhoshi Kumari, is receiving entire family pension. The further case of the petitioner is that as per the judgment of the Apex Court in Rameshwari Devi v. State of Bihar (1) 2000 (2) SCJ 561 = (2000) 2 SCC 431, the children of the second wife are also entitled to receive appropriate share in the family pension. As the same is not being paid to her children, she filed representations to the authorities concerned and eventually filed writ petition before this court in W.P.No.22212/2000 seeking a direction to grant appropriate share in the family pension. By order dated 3.7.2001 a learned single Judge of this court disposed of the writ petition with the following direction:

"This court cannot go into the details of the marriage of the petitioner. Hence, the respondent authorities are directed to dispose of the representation of the petitioner and dispose of the same in accordance with law."

4. Aggrieved by the same, the writ petition carried the matter in writ appeal before this court in W.A.No.2266/2003. By judgment dated 4.12.2003, the writ appeal was disposed of with the following direction:

"We dispose of this writ appeal modifying the order passed by the learned single Judge, with a direction to the respondents that on the appellant submitting a fresh representation addressed to the newly added respondent viz., Regional Direction (Food), Southern Region, 5/54, Greams Road, Chennai, the same will be dealt with. expeditiously and necessary enquiry/investigation will take place at the Regional Office at Hyderabad after notice to the appellant. Necessary action on the representation of the applicant shall be taken within four months from the date of receipt of representation from the appellant. Liberty is reserved to the appellant to produce all the records etc., during the course of enquiry."

5. Pursuant to the above direction, the writ petitioner made representations and eventually the Department of Pension and Pensioner's Welfare, by the impugned memorandum No.1/16/96 dated 2.12.1996 though acknowledged the legitimacy of children born out of void married, at paragraph no.4, clarified that such children will have no claim whatsoever to receive family pension as long as the legally wedded wife is the recipient of the same. The said paragraph no.4 of the impugned memorandum is extracted as under for better appreciation:

"The right of such children (children of the second wife) require to be protected and will accrue accordingly. It is, therefore, clarified that pensionary benefits will be granted to children of a deceased Government servant/pensioner from such type of void marriages, when their turn comes in accordance with Rule 54(8) of CCS (Pension) Rules. It may be noted that they will have no claim whatsoever to receive family pension as long as the legally wedded wife is in receipt of the same."

6. Challenging the above portion in the impugned order, the present writ petition is filed.

7. This court by order dated 24.1.2006 disposed of the writ petition and the relevant portion of the order is as under:

"Even according to the petitioner, she is the second wife of late Amarnath Suri. It is true that the Supreme Court held in the Judgment referred to above that though the second wife, as such, ma