JUDGMENT

I. MAHANTY, J. — The petitioner-Smt. Sudha Das, wife of Lata Kishore Chandra Das has filed this writ application on behalf of her minor children, namely, Mamata Das and Rooja Das, aged about 17 years and 10 years respectively.

2. The petitioner had approached the Orissa Administrative Tribunal, Cuttack Bench, Cuttack in O.A. No.1494 (C) of 2007 on behalf of her minor children praying for grant of pensionary benefits and other statutory dues after the death of her husband who was working as a process Server (Class-IV employee) under opposite parties 1 and 2. The Tribunal disposed the aforesaid O.A. in the following directions:

“We are not here to decide the status of a kept wife in so far as the payment of retiral dues of gratuity of a deceased Government servant is concerned. It is for the appropriate au¬thority to take a decision in the matter. Therefore, a copy of the paper book be sent to Respondent-1 to take appropriate deci¬sion in the matter. He is at liberty to consult the pension sanctioning if he is not the pension sanctioning authority. The applicant is at liberty to approach the Collector personally for redressal of her grievance.

Disposed of with the above orders.

Copies of these orders be handed over to the counsel for the parties for onward transmission to the parties concerned.”

3. Learned counsel for the petitioners submitted that the petitioners-Smt. Sudha Das had married Late Kishore Chandra Das who was working as Process Server in the office of the Tahasil¬dar, Rayagada. The petitioner asserts that her late husband had married two ladies, namely, Baidei Das and Sudha Das (present petitioner). It is averred that from the first wife (Baidei Das), five children were born and from the second wife (Sudha Das) four children were born. She further asserts that her children are entitled to a share of the husband’s death-cum-retirement benefits and accordingly, she made a representation dated 12.7.1999 to the Tahsildar, Rayagada.

It appears that on receipt of the petitioner’s representa¬tion, the Tahsildar, Rayagada (O.P. No.2) directed the petitioner to submit Legal Heir Certificate for necessary action regarding grant of death-cum-retirement benefits vide letter dated 29.7.1999. Thereafter, the petitioner submitted necessary Legal heir Certificate (Annexure-1) before the concerned authorities. After a delay of 2½ years, i.e., on 21.12.2001, the Tahasildar, Rayagada directed the petitioner to produce any documents relat¬ing to “prior permission” from the competent authority for second marriage by Kishore Chandra Das. Thereafter, although the peti¬tioner made various representations, the office of the Tahasildar did not respond to the request of the petitioner and thereafter, it appears that the family pension papers of Late Kishor Chandra Das were submitted to the Account General, Orissa (O.P. No.3) by the Tahasildar, Rayagada on 25.9.2004 for release of payment and ultimately, the Tahasildar vide letter dated 3.5.2005 under Annexure-9, wrote to the Asst. Accounts Officer clarifying that Late Kishor Chandra Das had two wives, namely, Baidei Das and Sudha Das and from Baidei Das, the deceased had five children and from Sudha Das, the deceased had four children. Despite such recommendation from the Tahasildar, Rayagada, since no pensionary benefits were given to the petitioner’s children, she made a representation to the Account General Orissa and thereafter, due to inaction, the petitioner approached the Orissa Administrative Tribunal, Cuttack Bench, Cuttack in O.A. No.1494 (C) of 2007 and the same came to be rejected vide order dated 2.8.2007 which is quoted hereinabove.

4. Learned counsel for the petitioners, inter alia, asserted that the Tribunal ought to have allowed the prayer made before it by the petitioner since the Legal Heir Certificate under Annexure-1, clearly establishes the fact that the petition¬er was the second wife of Late Kishore Chandra Das and that Mamata Das and Rooja Das (minor chi