JUDGMENT - DHARMADHIKARI B.P., J.:-Heard Shri Kalbande, learned Counsel for the petitioner, Shri Thakre, learned Counsel for respondents Nos. 1 2 and Smt. Dangre, learned A.G.P. for respondent 2.

2. Rule. Rule is made returnable forthwith by consent of the parties, in view of order dated 30-1-2004.

3. By this petition, the petitioner, the widow of deceased Shripat Zita Kumare, is seeking relief of grant of full pension to her from the date of death of Smt. Nirmala i.e. 21-1-2001, the other widow of Shripat Zita Kumare and a further relief of declaration that the act of respondents in reducing amount of family pension from Rs. 1,760/- to Rs. 643/- per month from July, 2001 is bad in law.

4. The brief facts are :

The petitioner, according to her, is the first wife of deceased Shripat Zita Kumare and her husband was working as Primary Teacher in Primary School run by Zilla Parishad, Nagpur at Pusda under the Panchayat Samiti, Ramtek. He expired after retirement from service on 13-9-1991 at Devlapar due to old age. She further contends that during the subsistence of her marriage with the deceased Shripat Zita Kumare, Shirpat had kept another woman viz., Smt. Nirmala and said Nirmala was residing with Shripat as his second wife till his death. The deceased Nirmala was also serving with Zilla Parishad as Anganwadi Sevika and it is the fact on record that the said Nirmala died in road accident on 21-1-2001.

During the life time of Nirmala and after the death of Shripat, Zilla Parishad was giving family pension of Rs. 1,275/- per month each to both the widows. The contention of the petitioner is that the said Nirmala was not entitled to grant of any family pension and she alone ought to have been paid full amount of Rs. 2,550/- per month. She further contends that after the death of Nirmala, she alone is entitled to get the entire amount of family pension. She further states that therefore, she has issued legal notice through her Counsel on 10-5-2002 and claimed her legitimate benefit i.e. 100% amount of family pension after the death of Nirmal. She further contends that after the receipt of notice, surprisingly the respondent Zilla Parishad brought down the pension amount of Rs. 1,760/- to Rs. 643/- per month without any information and notice to her from July, 2001. She contends that she is entitled to claim full pension of Rs. 3,695/- per month.

Respondents Nos. 1 and 2 namely Chief Executive Officer, Zilla Parishad, Nagpur and the Education Officer (Primary), Zilla Parishad, Nagpur, have filed their submissions on record on 23-1-2004 in response to Notice before admission. In the said submissions, respondents Nos. 1 and 2 pointed out that while Shripat Zita Kumare was in service he had submitted information about his family in Form No. 3 as required by Rule 116(14) of the Maharashtra Civil Services (Pension) Rules, 1982, (hereinafter referred to as Pension Rules, 1982) and in it, he has disclosed that he has two wives namely- Smt. Laxmibai and Late Smt. Nirmala. He also submitted joint photograph of his family members in which both his wives appear. It is further pointed out that after the death of Shripat Kumare on 13-9-1991, his both wives were given family pension @ Rs. 352/- per month each from 14-9-1991 till 6-5-1998 along with admissible allowances thereon. From 17-5-1998, both the widows were paid family pension @ Rs. 214/- per month each. After implementation of 5th Pay Commission, the said pension was fixed at Rs. 1,275/- and it was to be divided into two equal parts for payment to both the widows, however, inadvertently, each widow was paid @ Rs. 1,275/- per month i.e. total amount of Rs. 2,550/- per month from 1-1-1996 to 30-6-2001. The respondents have, therefore paid excess amount of family pension to both the widows. They further pointed out that the office of the Accountant General objected to this excess payment and therefore, pension was resettled and fixed @ Rs. 666/- per month each plus admissible allowances f

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