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 letter dated 3.1.2013 addressed to the Circle Officer, Balijana Revenue Circle requested him to conduct an enquiry to find out whether Late Promod Ch. Ghosh married the petitioner as his second wife and to submit a report in this regard. The Circle Officer, Balijana Revenue Circle conducted an enquiry and vide letter dated 11.4.2013 submitted his enquiry report to the Addl. Deputy Commissioner, Goalpara stating that the petitioner is the second wife of Late Promod Ch. Ghosh. Thereafter, the Deputy Commissioner, Goalpara wrote a letter dated 21.5.2013 to the respondent No.2 and submitted the proposal for giving family pension to the petitioner. As the respondents have not finalised the family pension of the petitioner, she has approached this Court with the prayer that the family pension may be given to her as she is the second wife of Late Promod Ch. Ghosh.

5. The counsel for the petitioner has submitted that late Promod Ch. Ghosh had married the petitioner as his second wife while he was in service by following all the necessary rituals and customs. According to the petitioner's counsel, the petitioner is the legally married second wife of Late Promod Ch. Ghosh. There is no dispute that Sumo Bala Ghosh was the first wife of late Promod Ch. Ghosh and that the first wife was receiving family pension till her death on 16.10.2012. The counsel for the petitioner has taken me to Annexure-2 of the writ petition which is a Next of Kin Certificate issued by the office of the Deputy Commissioner, Goalpara in order to support of his case that the petitioner is the second wife of late Promod Ch. Ghosh. The Next of Kin Certificate dated 14.12.2012 shows the status of the petitioner as deceased's sister in law and not as his wife. The counsel for the petitioner has also stated that in view of the report submitted by the Asstt. Settlement Officer, Balijana Revenue Circle (Annexure-5) wherein it has been stated that the petitioner is the second wife of late Promod Ch. Ghosh, the petitioner is entitled to family pension. The counsel for the petitioner has taken me to Section 143 of the Assam Services (Pension) Rules, 1969 by contending that a second wife is also entitled to family pension. He specifically referred to the Note under Section 143(ii) which is to the following effect:

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

6. The counsel for the petitioner has also relied upon the judgment dated 6.12.2014 passed by this Court in WP(C) 104/2014 (Arati Upadhay v. State of Assam & Ors.) whereby this Court had disposed of the writ petition by directing that the second wife was entitled to pension as per the provisions of Rul