B.K. Sharma, J.

1. The issue raised in both the writ petitions being the same, they were heard analogously and are being disposed of by this common judgment and order. The issue is, whether the second wife whom the deceased employee of the Government of Assam had married during the validity of his first marriage and her children are entitled to family pension or it is the first wife, who alone is entitled to get the family pension in respect of her deceased husband to the exclusive of others.

2. Although the facts involved in both the writ petitions towards claim of family pension are naturally different, but the basic issue is one and the same as indicated above. Suffice is to say that both the Petitioners involved in the two writ petitions are the second wives of the respective deceased employees. Both of them got married to the respective deceased employees during the subsistence of his first marriage. However, a few basic facts material for the purpose of disposal of the writ petitions are indicated below:

WP (C) No. 6582 of 2004

3. The Petitioner in this case, who is admittedly the second wife of the deceased employee claims that she was married to him namely Late Sirajul