H. Baruah, J.

1. The paramount issue involved in this writ petition is whether a second wife is entitled to have family pension during the lifetime of the first wife.

2. The writ petitioner is the second wife of Late Abdul Kasem Ahmed, who was a Deputy Handloom and Textile officer in the Handloom and Textile department and retired as such on 31.10.1994. He was granted pension on 1.11.1994 and was drawing the same continuously until his death. During the life time of Late Abdul Kasem Ahmed he was continuously maintaining his family including his wives - Late Abdul Kasem Ahmed died on 2.2.2003 and after his death his family pension is receiving by Musstt. Jubeda Ahmed, the first wife. It is alleged that the first wife, Musstt. Jubeda Ahmed failed to share the family pension in between herself and the second wife, the writ petitioner. Admittedly, both the wives have sons and daughters. The family pension received by the first wife is completely utilized by her and her children. No share of it has ever been part with in favour of the second wife and her children.

3. Being, thus, deprived, the second wife approached the concerned authority with a prayer to have a share of the famil