Michael Zothankhuma, J.

Heard Mr. M. Sarania, learned counsel for the petitioner. Also heard Mr. K. Sharma, learned counsel for the respondent No. 6, Dr. B. Ahmed, learned counsel for the Irrigation Department, Mr. P Nayak, learned counsel appears for the Finance Department.

2. The brief facts of the case is that the petitioner's late husband, Bulmajan Ali died in harness on 27.10.2010, while working as a Tractor Driver in the Irrigation Department. The petitioner applied for family pension. However, the State respondents did not process the family pension papers in favour of the petitioner on the ground that the respondent No. 6 was also claiming the family pension.

3. The petitioner's counsel submits that the petitioner is the first wife of the late Bulmajan Ali while the respondent No. 6 is the second wife of the late Bulmajan Ali. The petitioner has one child with late Bulmajan Ali, while the respondent No. 6 does not have any children with the petitioner's husband.

4. The petitioner's counsel submits that as per the certificate of the Next of kith and Kin, dated 26.08.2015, issued by the S.D.O. (C), Tamulpur, the petitioner and the respondent No. 6 are listed as the first and second wife respectively of the late Bulmajan Ali.

5. The petitioner's counsel also submits that as per the Judgment dated 20.01.2012, passed by the Court of the Munshiff, Rangia in Title Suit No. 16/2011, the Court has held that both the petitioner and the respondent No. 6 are the legal wives of the late Bulmajan Ali.

6. Mr. K. Sharma, learned counsel for the respondent No. 6 admits to the fact that the petitioner and the respondent No. 6 are the first and second wife of the late Bulmajan Alil.

7. Rule 143 of the Assam Services (Pension) Rules, 1969 states as follows:

"143. (i) Family for the purpose of rules in this Section will include the following relatives of the officer-

(a) Wife, in the case of a male officer;

(b) husband, in the case of a female officer;

(c) minor sons; and

(d) unmarried minor daughters.

Note 1: (c) and (d) will include children adopted legally before retirement.

[Note 2: (a) Marriage for the purpose of admissibility of pensionary benefits to the spouse of a retired official shall mean marriage before or after retirement.

(b) Child/Children for the purpose of pensionary benefits of a retired official shall mean child/children born before or after retirement.]

(ii) The pension will be admissible-

(a) In the case of a widow/widower upto the date of her/his death or re-marriage whichever is earlier.

(b) In the case of a minor son, until he attains the age of 18 years.

(c) In the case of an unmarried daughter until, she attains the age of 21 years or marriage, whichever is earlier.

Note 1: In cases where there are two or more widows, pension will be payable to the eldest surviving widow. On her death it will be payable to the next surviving widow, if any. The term 'eldest' would mean seniority with reference to the date of marriage.

(iii) Pension awarded under the rules in this Section will not be payable to more than one member of an officer's family at the same time. It will first be admissible to the widow/widower and thereafter to the minor children.

(iv) In the event of re-marriage or death of the widow/widower, the pension will be granted to the minor children through their natural guardian. In disputed cases, however, payments will be made through a legal guardian.

(v) The temporary increases granted on pension will not be admissible on the Family Pension granted under the Scheme in this Section.

8. Rule 24 of the Assam Civil Services Conduct Rules, 1965 states as follows:

"24. Bigamous marriage-

(1) No Government Servant who has a wife living shall contract another marriage without first obtaining the permission of the Government, notwithstanding that such subsequent marriage is permissible under the personal law for the time being applicable to him.

(2) No female Government Servant shall marry any person who has a wife living wi