Barin Ghosh and Navaniti Pd.Singh JJ.

1. The Government employee died on 9th of March, 1990 while in service. Family pension payable to the family of the deceased employee was then settled in favour of his wife, Smt. Kaushalia Devi. In 1993 Smt. Kaushalia Devi died. Appellant then claimed settlement of the said pension in her favour on the ground that she was the second widow of the deceased employee. The claim was enquired, when it transpired that the appellant married the deceased Government employee after coming into force of the Hindu Marriage Act, 1955, while the first wife of the deceased Government employee was alive. It was thus held that the said marriage is void and accordingly it was opined that the appellant is not the widow of the deceased employee and as such, she is not entitled to settlement of family pension as was claimed by her. The matter was then brought to this court by filing a writ petition. The writ court accepted the contentions of the State that inasmuch as the appellant is not the widow of the deceased employee there is no question of settlement of family pension in her favour.

2. In the present letters patent appeal the learned counsel for the a