Judgment R. M. Prasad, J. 1. The claim of the petitioners in this writ application is for grant of family pension to them after the death of their mother, who died on 26-4-1991 while in service as Assistant teacher in the School of the State government. 2. A counter-affidavit has been filed on behalf of the Treasury Officer (respondent No.4 ). 3. Learned Counsel for the State has submitted that the husband of the deceased Government servant is already receiving family pension as per the rules. As such, according to him, the petitioners are not entitled for grant of family pension. 4. I am unable to accept the said submission of the Learned Counsel for the State. Under the rules, pension is also admissible to the minor son until he attains the age of 18 years and the unmarried daughter until she attains the age of 21 yean, or married whichever is earlier, beside, the widow/widower, as the case may be, upto the date of their death or remarriage whichever is earlier. 5. It is true that petitioner No.1, jitendra Sekhar, cannot be held to be minor in view, of their own statement made in paragraph 5 of the writ-petition wherein it is stated that he is aged above 18 years, but in so far as the case of petitioner No.2, Dhirendra Dheraj, and petitioner No.3, Vikash Kumar Bimal, are concerned, it is specifically stated that they are aged 16 years and 10 years, respectively. 6. The said fact has not been disputed in the counter-affidavit filed on behalf of the respondent No.4. In the said counter-affidavit, however, it is stated that the petitioners are not entitled to family pension when their father is alive and that their father, who has been made respondent No.6, is already getting family pension, as per law. In this regard, the relevant extract of the rule and the pension payment order of the father of the petitioners have been annexed as Annexures A and B, respectively. 7. From a bare perusal of the extract of the rule Annexure as Annexure a, it appears that all those who are covered by the definition of family are entitled for the family pension in their own right. 7. From a bare perusal of the extract of the rule Annexure as Annexure a, it appears that all those who are covered by the definition of family are entitled for the family pension in their own right. Nothing has been pointed out by the Learned Counsel for the state from which it can be held that if the husband of the deceased is receiving family pension, her minor children will not be entitled to get the pension. From pension payment order (Annexure B), it appears that names of the aforementioned two minor children, namely, petitioners No.2 and 3. have not been included in the same. As such, in my opinion, petitioners No.2 and 3 are entitled for the relief prayer for in this writ-petition. 8. Mr. Pathak, Learned Additional standing Counsel appearing for the Ac-countant-General submits that the matter regarding payment of family pension to the minor children of the deceased government servant Is pending consideration before the state Government and the moment the necessary sanction order is received in the Office of the Accountant-General, the same shall be processed and necessary pension payment order shall be issued within a week of the receipt of the sanction order. 9. The writ application is, thus, allowed. The respondents are directed to issue necessary sanction order for payment of family pension to petitioners no.2 and 3 within two weeks of the receipt/production of a copy of this order and the Accountant-General shall issue the necessary pension payment order within one week of the receipt of the sanction order. Petition Allowed.