JUDGMENT

Vivek Singh Thakur, J. - Petitioner herein is claiming right of pensionary and ancillary benefits in his favour, on account of death of his father Dr.Arvind Kant Kaushik, on the ground that he is son of second wife of deceased employee and uptill the age of 25 years, he is entitled for pensionary benefits on account of death of his father.

2. Learned Deputy Advocate General has placed on record instructions dated 15.09.2020, received from the Director Ayurveda, Himachal Pradesh, wherein it is stated that as per information given by deceased Dr.Arvind Kant Kaushik, with respect to his family, after his death, pension is being disbursed to his legally wedded wife Sunita Kaushik and she is drawing such family pension.

3. Undoubtedly, children may be entitled for pensionary benefits, but only in accordance with Rule 54 (8) of CCS (Pension) Rules, 1972, wherein it is provided that family pension shall not be payable to more than one member of the family at the same time and in case deceased/pensioner leaves behind a widow or widower, the family pension shall become payable to the widow or widower, failing which to the eligible child.

4. In present case, first legally wedded wif