MICHAEL ZOTHANKHUMA, J.

1. Heard Mr. S Sarma, learned counsel for the petitioner and Mr. A. Chetry, learned counsel for respondent Nos. 1 and 3. Also heard Mr. RK Malakar, learned counsel for the respondent no.2 and Mr. M Khataniar, learned counsel for the respondent No.4.

2. The petitioner's case is that her husband Promod Chandra Ghosh was working as a Grade IV staff in the office of the Deputy Commissioner, Goalpara and was residing with his legally married two wives, namely, Sumo Bala Ghosh (first wife) and the petitioner, namely, Smt. Durgabala Ghosh (second wife).

3. The petitioner's husband took voluntary retirement from service due to illness with effect from 14.10.84 and pension was paid to her husband by the respondents. After the death of the petitioner's husband on 25.12.92 the first wife, namely Sumo Bala Ghosh received family pension. On 16.10.2012, Sumo Bala Ghosh died leaving the petitioner and her daughter Dipali Ghosh Sarkar.

4. Petitioner's case is that on the death of the first wife, she submitted an application before the respondent No.4 on 1.1.2013 requesting that the family pension be paid to her. The Addl. Deputy Commissioner, Goalpara thereafter vide