1. Heard both sides.

2. Petitioners are the parents of deceased J. Valsalan, who died in an insurgent attack at Pastoi Market (Imphal) while he was in service under respondents 1 to 3. The 4th respondent who was his wife, was awarded with Liberalised Penisonary award and she got re-married on 03.05.2000. On re-marriage, the widow being disqualified, the same was stopped and she was paid ordinary family pension as a special provision. The parents are not getting any pension. Hence, this writ petition with the following prayers:

1. To declare that the petitioners are the legal heirs of deceased Valsalan who died on 02.11.1997 while in service under respondents 1 to 3.

2. To issue a writ of mandamus or any other writ, direction or order directing respondents 1 to 3 to sanction family pension of the deceased Valsalan to the petitioners with effect from 03.05.2000 the date of the re-marriage of the 4th respondent, the wife of deceased.

3. To declare that petitioners are entitled to draw all the death benefits and compensation of deceased Valsalan.

3. The learned counsel for the petitioners submits that as per sub-Section (4) of Section 4 of the consolidated orders on LPA [GOI, Department of Pension and Pensioners Welfare, O.M. No. 33/5/89-P&P.W.(K), dated the 9th April, 1990 as modified by O.M. No. 45/22/97-P&PW(C) dated the 3rd February, 2000], the parents are eligible for 75% of the pay last drawn by the deceased and a single parent is eligible for 60% of the pay last drawn without reference to the pecuniary circumstances of the parents provided the government servant dies as a bachelor or as a widower without children. Section 4 of the consolidated orders on LPA reads as follows:

"4. Benefit to the family in the event of the Death of the Government Servant -family pension under categories 'D' & 'E'.

1) If the Government servant is survived by the widow, she will be entitled to family pension equal to the pay last drawn by the deceased Government Servant. The said family pension shall be admissible to her for life or until her remarriage.

2) In the event of remarriage of the widow, family pension will be allowed at the rates of family pension and subject to the conditions laid down for family pension under the CCS (Pension) Rules, 1972, from the date following the date of her marriage.

3) If the Government servant is not survived by widow but is survived by child/children only, all children together shall be eligible for family pension at the rate of 60% basic pay, subject to a minimum of Rs.2500/-Children's Allowance, as admissible now, stands abolished. The above family pension shall be payable to the children for the period during which they would have been eligible for family pension under the CCS (Pension) Rules, 1972. The family pension shall be paid to the senior most eligible child at a time on the lines on which family pension is regulated under the CCS (Pension) Rules, 1972.

4) Where the Government servant dies as a bachelor or as a widower without children, dependant pension will be admissible to parents without reference to the pecuniary circumstances at 75% of the pay last drawn by the deceased Government servant for both parents and 60% of the pay last drawn by the deceased Government servant for a single parent. On the death of one parent dependant pension at the latter rate will be admissible to the surviving parent.

4. The learned counsel for the petitioners placing reliance upon the decision reported in Padmavathy Amma v. Union of India and others -2009 KHC 1163, submits that upon disqualification of one member the other dependent family members are eligible for the family pension. The operative portion of the said decision reads as follows:

"4. According to me, the decision in Kunhami's case (supra) is squarely applicable in this case and the respondents, therefore, cannot legally canvass the position that incurring of disqualification by the widow on account of re-marriage would not make the m