Bhawani Singh, C.J.

1. Shri Balram Prasad Sinodia (deceased) married Bindra Bai. Out of this wedlock, they had no child. He married Sita Bai Sinodia. Out of this marriage, there are three children : two sons and a daughter. Sita Bai and her children filed petition claiming 2/3 share in the pension after the death of Shri Balram Prasad Sinodia. The petition has been dismissed by order dated 3-4-1999. Learned Single Judge came to the conclusion that Bindra Bai was entitled to the full family pension, while petitioner Sita Bai and her children were not. For coming to this conclusion, reliance is placed on Sub-rule (8) (i) of Rule 47 of the M.P. Civil Services (Pension) Rules, 1976 (for short, 'the Rules'). Not satisfied with this order, the present appeal has been filed.

2. Shri R.K. Thakur, learned Counsel for the appellants submits that appellants are entitled to family pension under Sub-rule (7) (a) (i) of Rule 47 of the Rules which enjoins that where family pension is payable to more widows than one the family pension shall be paid to the widows in equal shares, while Shri S.C. Sharma, learned Counsel for Regional Provident Fund Commissioner, Regional Office, Jabalpur, contend