Purnendu Singh, J. – Heard Mr. Rajeev Kumar Singh, learned counsel appearing on behalf of the petitioner and Mr. Kameshwar Kumar, learned GP- 17 appearing on behalf of the State.

2. This order is being passed in continuation of the order dated 22.08.2023. Learned counsel appearing on behalf of the petitioner submits that the petitioner is aggrieved by the action of the respondent no.5 i.e. the Block Education Officer, BlockPatna Dagarua, Purnea. He submits that petitioner is the first wife and she is the only legally wedded wife and any second marriage is void. He further submits that to quantify the claim of respondent no.7 to be the legally wedded wife of the deceased employee in that case the concerned must have brought the prior permission granted to the deceased employee by the Controlling Officer permitting him to remarry, during his service period in accordance with the circular of the Finance Department of the State Government bearing No. P.C.-1-Misc.-41/92/10059/Vi., dated 06.09.1996, which specifies that it is only the first wife who is entitled to family pension and thereafter the dependent minor children of both the wives can have a right on family pension, but the second wife has been excluded from getting any family pension. In this regard, Rule 21 of the Central Civil Service (Conduct) Rules, as well as, Rule 23 of the Bihar Government Servants' Conduct Rules, 1976, are reproduced hereinunder: –

CCS Rules

“21. Restriction regarding marriage. – (1) No government servant shall enter into, or contract, a marriage with a person having a spouse living; and

(2) No government servant having a spouse living, shall enter into, or contract, a marriage with any person:

Provided that the Central Government may permit a government servant to enter into, or contract, any such marriage as is referred to in clause (1) or clause (2), if it is satisfied that –

(a) such marriage is permissible under the personal law applicable to such government servant and the other party to the marriage; and

(b) there are other grounds for so doing.

(3) A government servant who has married or marries a person other than of Indian nationality shall forthwith intimate the fact to the Government.”

Bihar Government Servants' Conduct Rules, 1976

“23. Restrictions regarding marriages. – (1) No government servant shall enter into, or contract, a marriage with a person having a spouse living; and

(2) No government servant, having a spouse living shall enter into, or contract, a marriage with any person:

Provided that the Government may permit a government servant to enter into, or contract, any such marriage as is referred to in clause (1) or clause (2), if it is satisfied that –

(a) such marriage is permissible under the personal law applicable to such government servant and the other party to the marriage; and

(b) there are other grounds for so doing.

The Apex Court in case of Rameshwari Devi vs. State of Bihar and Ors. reported in (2000)2 SCC 431 has already laid the law with respect to entitlement of family pension.

3. Learned counsel appearing on behalf of the petitioner further submits that respondent no.7 has remedy before the competent Civil Court for declaration of legality of her marriage with the deceased employee. The respondent no.5 forwarded the pension papers of the deceased employee for fixation of family pension, wherein name of respondent no.7 was mentioned as wife of deceased employee, as a result of which family pension was fixed in favour of respondent no.7.

4. Per contra, learned counsel appearing on behalf of the respondent State submits that the action taken by the respondent nos.4 and 5 can not be considered to be without authority of law. He submits that the deceased employee had nominated respondent no.7 as his nominee and she is entitled to receive family pension in accordance with law.

5. Considering the above submission made by the parties, the petitioner has claimed that she, being the first and legally wedded wife of the deceased employ