Rajendra Kumar Mishra, J.—Heard Sri Bhupendra Narayan Sinha, learned counsel appearing on behalf of petitioner, Sri Ram Naresh Sharma, learned counsel appearing on behalf of Respondent No.3 and Sri Syed Arshad Alam, learned counsel appearing on behalf of Bihar School Examination Board, Patna.

2. The petitioner seeks direction to the respondent No.1 and 2, Secretary and Chairman, Bihar School Examination Board, Patna (hereinafter referred to as the “Board”) to pay entire post retirement family pension to the petitioner.

3. The brief facts leading to this writ application is that Birendra Sharma was married with respondent No.3 Chintamani Devi in the year 1960, but there was no issue out of their wedlock. Thereafter, Birendra Sharma performed his remarriage with the petitioner, namely, Poonam Devi in the year 1987, with the consent of respondent No.3 Chintamani Devi, and due to wedlock they were blessed with a male issue, namely, Deepak Kumar, who is minor. Birendra Sharma was working as Assistant in the office of Bihar School Examination Board, Patna and he retired from the service on 31.5.2003 and died on 1.1.2015 living behind his first wife respondent No.3 Chintamani Devi, second wife petitioner Poonam Devi and a minor son, namely, Deepak Kumar, who born with the petitioner. After death of Birendra Sharma, the petitioner, being the second widow, filed an application before the Board stating therein that she has been made nominee to get family pension in the deed of Will executed by her husband Birendra Sharma on 31.12.2008. After receiving the said application of the petitioner, the Secretary, Bihar School Examination Board, Patna (Respondent No.1) informed the matter to Chintamani Devi (Respondent No.3) through its letter dated 18.06.2015 stating that after the death of her husband, she has not made any claim regarding family pension, whereas petitioner has filed an application along with the deed of Will to allow her to get the family pension. On the same day, the Secretary of the Board (Respondent No.1) also wrote a letter to the petitioner informing her that in view of the decision of Hon’ble High Court, Patna, the first wife of the deceased-employee is entitled to get family pension. After receiving the said letter of the Secretary of the Board (Respondent No.1), Chintamani Devi (Respondent No.3) filed a petition on 10.7.2015 along with an affidavit sworn before the Executive Magistrate, Patna making request that though the first wife is entitled to receive family pension, but she relinquish her right with free Will for payment of family pension to second wife Poonam Devi (Petitioner). In spite of filing of aforesaid application supported with affidavit by Chintamani Devi (Respondent No.3) the Board is sitting tight over the matter and no communication was made to the petitioner with regard to the payment of family pension to her. The petitioner along with her minor son Deepak Kumar is living in Patna in a small house constructed by her husband Late Birendra Sharma, but there is no source of income to maintain herself as well as her minor son.

4. The Respondent No.3 Chintamani Devi has filed her counter affidavit admitting the facts that she is the first wife and the petitioner is second wife of Late Birendra Sharma, but she has not denied about birth of male issue, namely, Deepak Kumar (minor) due to wedlock of petitioner and Birendra Sharma. She has further stated that she has not given her consent to the Board to pay full family pension to the petitioner. In fact, the petitioner obtained her signature on blank papers and, subsequently, the petitioner converted the same in form of application and affidavit, which is said to be filed before the Board in her name making the claim to receive the family pension. The Respondent No.3 Chintamani Devi, further, stated in her counter affidavit that being the first widow of the deceased-employee Birendra Sharma, she is entitled to get full family pension and according to the amend