- (1.) The petitioner has challenged the order dated 1.10.2009, as contained in memo No. 3488 issued by the Senior Accounts Officer, Office of the Accountant General (A & E), Jharkhand, Ranchi, wherein and whereunder the claim of the petitioner for payment of full family pension has been rejected, with a further prayer for issuance of full family pension order in favour of, the petitioner including the arrears w.e.f. 11.7.1998. The brief fact, as has been argued on behalf of the petitioner, that the petitioner is the second wife of late Abdul Hamid Khan, who retired from service on 22.9.1974 from the post of Havildar working in the office of Senior Superintendent of Police, Ranchi. After his retirement the pension was sanctioned and paid continuously till his death i.e. till 18.6.1982. Since the deceased late Abdul Hamid Khan had two wives, as such the family pension was shared in two equal parts in the names of first wife namely Nazbun Nisa and second wife i.e. the present petitioner vide family pension payment order duly been issued from the office of the Accountant General, Bihar bearing T.S. No. 2440-F in lieu of P.P.O. No. 68755.
(2.) On 11.7.1998 the first wife namely Nazbun Nisa died issueless. It has been submitted that immediately after death of first wife, half share of family pension of first wife has been ceased. The second wife i.e. the present petitioner has made due application for release of full family pension in her favour, but the same has been rejected vide order dated 1.10.2009 which has been challenged in this writ petition.
(3.) The petitioner has relied upon the provision made in the Family Pension Scheme for the State Government Employees, 1964 wherein at Appendix-5, Part-II there is provision as contained in Note (i) which is as follows:-- "[Note (i): Where an officer is survived by more than one widow, the pension will be paid to them in equal share. On the death of a widow her share of the pension will become payable to her eligible minor child. If at the time of her death, a widow leaves no eligible minor child, the payment of her share of the pension will cease.";