M.R. PATHAK, J.

1. Heard Dr. B N Gogoi, learned counsel for the petitioner and Mr. A Deka, learned Standing counsel, Education Department for respondent Nos. 1 and 2. Also heard Mr. R K Talukdar, learned counsel for the respondent No. 3, Mr. P Nayak, learned Standing counsel, Finance Department for the respondent No. 4 and Mr. R M Deka, learned counsel for the private respondent No. 5.

2. Matter relates to disbursal of Family Pension and other death benefits to the petitioner on the death of her husband a Government employee who served as a Driver in the Office of the Director of Elementary Education, Assam and died in harness.

3. The petitioner contended that she is the second wife of the deceased who served as Driver in the Office of the Director of Elementary Education, Assam, expired on 15.12.13 while in service. It is stated that marriage between petitioner and her said late husband was solemnized in the year 2000 as per Hindu rites and from their wedlock a male child was born to them who is a minor. After her marriage, petitioner came to know that her husband earlier married to respondent No. 5 and from their said conjugal life they have one daughter, who is already married and two sons who are already major and the respondent No. 5 is well settled as she learnt that said respondent is serving in the Assam Civil Secretariat. Petitioner also stated that during his life time of her said husband sworn an affidavit disowning the respondent No. 5 and her two sons and specifying that they would have no right to claim his movable and immovable properties and also notified it by publishing the same in leading news paper.

4. The petitioner stated that vide No. 2014/2976 dated 06.03.2014, the Deputy Commissioner, Kamrup (Metro) has already issued 'Certificate of Next of Kin' showing her and their minor son as the Next of Kin of her late husband. Petitioner also stated that in Debts Succession Case No. 75/2014, learned District Judge, Kamrup (Metro), Guwahati on 04.08.2014 have already issued Succession Certificate under Section 372 of the Indian Succession Act, 1925 in her favour including Group Insurance, Gratuity, Leave Encashment, Arrear Salary, Arrear Family pension and GPF amount of her late husband.

5. Petitioner with her husband lived in the Quarter No. 6, Block-E, Elementary Education Quarter's Complex, Kahilipara, Guwahati-19 and as she continued to occupy the said Quarter even after three years of death of her husband on 15.12.2017, the Director of Elementary Education on 3rd June, 2017 issued Last and Final Notice to her granting ten days time to vacate the said Quarter informing that failure on her part to comply with the direction made therein, the same will be treated as serious offence and consequential actions would be taken as per Government rules and procedure.

6. At that stage the petitioner has filed this writ petition on 23.06.2017 praying for issuance of writ of Mandamus directing respondents not to evict her from the said residential quarter of Elementary Education Department and to release Family pension and all death benefits in her favour and her minor son.

7. While issuing notice to the respondents, this Court by order dated 21.07.2017 rejected the prayer of the petitioner allowing her to retain the Government Quarter allotted to Bhubneswar Deka, late Driver in the Office of the Director of Elementary Education, Assam, Guwahati and did not interfere with the direction notice dated 03.06.2017 issued by the Director of Elementary Education, Assam and directed the petitioner to vacate the said Quarter within six weeks from the date of said order.

8. On instruction, Dr. B N Gogoi learned Counsel on 21.07.2017 submitted that the petitioner being the second wife of said Bhubneswar Deka, late Driver in the Office of the DEE, Assam, is not claiming any relief or share of the family pension vis-à-vis the respondent No. 5, first wife of said Bhubneswar Deka, but she is pressing this case only for her minor son to t