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,