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 w