Minor children are entitled to family pension under Rule 54(8) of the CCS (Pension) Rules, 1972, and the recipient of the pension is obligated to protect the share of the minor children.

U.B. Saha, J.

1. The instant writ petition is filed under Article 226 of the Constitution of India seeking a direction from this Court for granting proportionate retrial benefits including the pension in favour of the petitioners modifying the impugned orders dated 30.7.2008 (Annexure-P 4) and dated 30.7.2008 (Annexure-P5) respectively.

2. The petitioners, namely, Smt. Nandita Shil and Sri Nayanmoni Shil, the minor daughter and son respectively, are represented by their natural guardian, mother, Smt. Jamuna Datta (Shil), the 2nd wife of the said deceased employee, Nani Gopal Shil, who, while serving as Head Forest Guard under the Divisional Forest Officer, Sadar, died on 5.2.2005. The respondent No. 4, herein, Smt. Hasu Rani Shil is the 1st wife of the deceased employee Nani Gopal Shil who subsequently married Smt. Jamuna Datta (Shil), the 2nd wife, and had been living with her. The petitioners were born out of the wedlock between Nani Gopal Shil and Smt. Jamuna Datta (Shil), the 2nd wife.

3. After the death of Nani Gopal Shil, the mother of the petitioners filed an application under Section 10 of the Guardians and Wards Act, before the Additional District Judge, West Tripura, Agartala for appointing her as guardian of her minor children to draw their share in the family pension on account of death of their father Nani Gopal Shil as he was working as a Forest Guard under the Forest Department, Government of Tripura. The said application was registered as Misc. (GC) 44 of 2006. Notice was served upon the 1st wife, Smt. Hasu Rani Shil. In response, by filing a petition, she admitted that Smt. Jamuna Dutta (Shil) is the second wife of Late Nani Gopal Shil and she had no objection if the court declared the petitioner Smt. Jamuna Dutta (Shil), the 2nd wife, as the legal guardian of her minor children, the petitioners herein. After hearing the parties on both sides, learned Additional District Judge disposed of the said petition by an order dated 7.5.2007, with observation that, having regard to the facts and circumstances of the case, I am of the view that there is no legal bar to appoint the petitioner Smt. Jamuna Dutta (Shil) as guardian of her minor children, namely, Kumari Nandita Rani Shil and Sri Nayanmani Shil to receive pensionary benefits left by their deceased father, namely, Nani Gopal Shil, for and on behalf of them'.

4. A Survival Certificate dated 19.8.2006, was issued by the Sub-Divisional Magistrate, Bishalgarh that Nani Gopal Shil, beside the respondent No. 4, the 1st wife, left behind the petitioners herein. The respondent No. 4, made an application before the learned Civil Judge, Senior Division, West Tripura, Agartala under Section 372 of the Indian Succession Act, praying for issuance of Succession Certificate in her favour with respect to the debts and securities to the properties left behind by Nani Gopal Shil which was registered as Misc. (Succ) No. 35 of 2007, and the learned Civil Judge after hearing the parties by an order dated 1.10.2007, directed to issue Succession Certificate with the observation that issue Succession Certificate immediately so as to entitle the petitioner Smt. Hasurani Shil and the two petitioners (Nos. 2 and 3), namely, Kumari Nandita Shil and Nayan Mani Shil, who are minors and being represented by Opposite Party No. 1 Smt. Jamuna Dutta (Shil) to draw the debts and securities along with interest as left behind by deceased Nani Gopal Shil, if proper requisites are filed. As such, Succession Certificate was issued in favour of the respondent No. 4, and the petitioners herein with respect to the debts of Rs.1,12,100, being the money deposited in life insurance policy No. 491395955, in the name of Nani Gopal Shil so that they may collect/realize/withdraw the amount of debts and securities with up to date interest, if any in equal share. However, provisional gratuity payment order and the pension payment order were made on 30.7.2008, to make payment of Rs.1,30,680, as DCRG and Rs.26