Arun Mishra, J.

1. Question involved in the writ petition is when family pension is payable and is being apportioned to three persons whether in the event of ceaser of the entitlement of one or two of them whether the amount of family pension has to be reduced proportionately; particularly when in the absence of others whose entitlement has ceased the subsisting incumbent would have obtained full family pension.

2. The facts elucidate that petitioner's husband was in the service of High Court of Madhya Pradesh and was working as Peon; he died on 31-8-1978. Petitioner claimed family pension being widow; she was asked to submit succession certificate which she obtained on 12-8-1996; petitioner was second married wife of the deceased; first wife died in the lifetime of the deceased leaving behind two sons; the marriage was performed with the petitioner after death of first wife according to the hindu rituals. After death of Girdharilal the family pension was divided in two parts; one was being paid to the petitioner and the other to the minor sons left by the first wife. Petitioner alleges that from December, 1998 she was receiving a paltry sum of Rs. 778/- as pension; the other pa