JUDGMENT :

Dr. Akshaya Kumar Rath, J. - The instant challenge is to laciniate the office order dated 24.3.2012, vide Annexure-7, passed by the Principal Secretary to Government rejecting the prayer of the petitioner for grant of family pension.

2. Bereft of unnecessary details the short facts of the case of the petitioner are that Abhiram Samal was working as a Havildar in the Orissa State Armed Police, 4th Battalion, Rourkela. A disciplinary proceeding was initiated against him on the ground that while his first legally married wife Smt. Nalini Samal is alive, he married Smt. Nirmali Samal, the present petitioner, in contravention of Government Servants Conduct Rules, 1959 without obtaining prior permission. He was dismissed from service on 23.6.1990 by opposite party No. 4. Thereafter, he challenged the order before the learned Orissa Administrative Tribunal in O.A. No. 1799(C) of 1993. The same having been dismissed, he filed a writ petition being WP(C) No. 16910 of 2007 before this Court. While the matter stood thus, Abhiram Samal died. Thereafter, the present petitioner was impleaded as petitioner. The said writ petition was dismissed on 26.2.2010 with an observation that it is open to the Government to decide if pension is to be paid to both the wives of the petitioner. Thereafter, she made an application before opposite party No. 1 on 7.4.2010 to grant minimum pension. Since the same was not disposed of, she again filed a writ petition being WP(C) No. 379 of 2010 with a direction to the opposite parties to pay the minimum pension. The writ petition was disposed of on 25.01.2011 with a direction to the opposite party No. 1 to dispose of the representation. While the matter stood thus, by order dated 24.3.2012, the representation of the petitioner was rejected relying on Rule 56 of the Orissa Civil Services (Pension) Rules 1992 (hereinafter referred to as "the OCS Pension Rules").

3. Heard Mr. S.K. Nath, learned counsel for the petitioner and learned Addl. Government Advocate for the opposite parties.

4. Mr. Nath, learned counsel for the petitioner, submitted that since Smt. Nalini Samal first wife of Abhiram Samal died in the meanwhile, there is no impediment to grant family pension to the petitioner. He further submitted that the petitioner is entitled to compassionate allowance under Rule 46 of the OCS Pension Rules. Lastly he submitted that a direction may be given to the opposite parties to grant family pension and other retiral dues to her children.

5. Three points really arise for consideration of this Court.

"I. Whether the second wife is entitled to family pension?

II. Whether the petitioner is entitled to compassionate allowance under Rule 46 of the OCS Pension Rules?

III. Whether the children born through the second marriage are entitled to family pension and other retiral dues of their father?"

Point No. I

6. Rule 24 of the Orissa Government Servants' Conduct Rules, 1959 deals with bigamous marriage. The Rule provides that no Government servant shall enter into, or contract a marriage with a person having a spouse living; and no Government servant, having a spouse living shall enter into, or contract, a marriage with any person. Proviso to the said Rule stipulates that the Government may permit a Government servant to enter into or contract, any such marriage as is referred to in clause (1) or clause (2), if they are satisfied that such marriage is permissible under the personal law applicable to such Government servant and the other party to the marriage and there are other grounds for so doing. Further the note appended to sub-rule (6) of Rule 56 of the OCS Pension Rules provides that after the commencement of the Hindu Marriage Act, 1955, any second marriage contracted by a Hindu male during the life-time of his first wife shall be void and the second wife shall not be entitled to the family pension as a legally wedded wife.

7. In the instant case, no permission has been accorded by the Government to the employee. Thu