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