HARISH TANDON, J. - (1.) THE writ petitioner has sought for release of pensionary benefit of the deceased husband. It is a case of the petitioner that she is a legally wedded wife of one Abani Kumar Das, since deceased who worked as head master of the Bally Sishu Niketan Prathamik Vidyalaya till the date of his suerannuation. Subsequently the said head master died on 18.1.2005. THE said head master during his life-time married twice and the petitioner is a second wife of the said deceased having children from the said wedlock while the first wife is still alive and the marriage has not been annulled by a decree of divorce.
(2.) IT appears that the first wife also claimed the pensionary benefits and other benefits being the legally wedded wife depriving the petitioner and her children from such benefits. The writ petition has been filed for inaction on the part of the respondent authorities in not considering the application being Annexure P-3 at page 13 of the writ application. It has been submitted on behalf of the respondent authorities that the petitioner being a second wife where the first marriage is still subsisting is not entitled to any benefits. There is no dispute that the marriage between the petitioner and her husband was not legal as the first marriage was still subsisting but there cannot be any denial of the benefits to the children borne of the wedlock which was not legal, even an illegitimate child has a right over the assets/properties of his father. Such proposition has been settled by the Supreme Court in case of Vidyadhari and Ors. Vs. Sukhrana Bai and Ors reported in 2008 (1) Supreme 460.
(3.) THE respondent authorities therefore cannot deny at least the children of the petitioner to claim the benefits which they are entitled. THE respondent authorities are therefore, directed to consider and dispose of the representation dated 27.12.205 being Annexure P-3 at page 13 of the writ application upon giving an opportunity of herring to all the interested parties in accordance with law within a period of 8 weeks from the date of communication of this order and shall communicate the said decision to the petitioner within a week thereafter. THE writ application is, thus, disposed of. However, there shall be no order as to costs.;