Suman Shyam, J.

Heard Mr. M. Choudhury, learned senior counsel assisted by Mr. G. Goswami, learned counsel appearing for the writ petitioner. I have also heard Mr. D. Nath, Addl. Sr. Govt. Advocate, Assam, appearing for respondent Nos.1, 3 and 4, Mr. R. K. Talukdar, learned counsel appearing for respondent No.2 and Mr. D. Baruah, learned counsel appearing for respondent Nos.5 and 6, who are, in reality, one and the same person. Therefore, for the sake of convenience, both the respondents are here-in-below commonly referred to as the respondent No 6.

2. The dispute in this writ petition pertains to the competing claims of the two wives of Late Dr. Soumendra Mohan Mukherjee over their right to receive family pension. The facts of this case, shorn of unnecessary details, are briefly narrated herein below.

3. Dr. Soumendra Mohan Mukherjee (since deceased) was an employee of the Government of Assam. The writ petitioner is the first wife of late Dr. Soumendra Mohan Mukherjee and their marriage was solemnised on 07.03.1977. However, soon after their marriage, the petitioner had left her husband as a result of which Dr. Soumendra Mohan Mukherjee had remarried the respondent No 6 on