Judgment Rekha Kumari, J. 1. Counsel for the petitioner and the counsel for the University are present. No one appeared for respondent No. 5, who allegedly claims herself to be the second wife of the deceased employee. On the last occasion also when the case was on list no one appeared for respondent No. 5 though on 16.8.2007 a time was allowed to her to file counter affidavit. 2. Learned Counsel for the petitioner submitted that the petitioner was aged about 75 years on the date of filing of this petition (year 2004). Nothing has been paid to her towards retirement benefits of her deceased husband who superannuated from service as a peon. He further submitted that earlier an order was passed in her favour vide C.W.J.C.No. 2463/1996, but that was subsequently recalled vide order dated 26.3.1997 passed in civil review filed by respondent No. 5 as also by the University. Counsel for the petitioner submitted that the petitioner had not appeared in that review application and the matter was decided ex-parte against her. He also submitted that the petitioner under the Bihar Pension Rules is entitled to get pensionary benefits being legally wedded wife of the deceased. Therefore, the University may be directed to sanction and pay all retrial benefits to the petitioner. 3. Counsel for the University opposed the submissions and contended that the deceased had two wives and both claimed pension and so in order to remove the doubt as to who is entitled to it the University had filed the civil review and in that case the order passed in C.W.J.C.No. 2463/1996 was recalled and the Patna University and its authorities were directed to pay retirement benefits of late Dwarika Ram to his legal heir on production of succession certificate. Learned Counsel further submitted that the succession case filed by the second wife has been converted into a title suit. Hence, unless and until a succession certificate is produced before it is unable to make payment of the retirement benefits in favour of the petitioner in view of the abovementioned order passed in civil review. 4. Learned Counsel further submitted that the succession case filed by the second wife has been converted into a title suit. Hence, unless and until a succession certificate is produced before it is unable to make payment of the retirement benefits in favour of the petitioner in view of the abovementioned order passed in civil review. 4. In reply to the above, learned Counsel for the petitioner submitted that disposal of a title suit will take a long time and the petitioner being a lady of 80 years may remain deprived from the pensionary benefits during her life time whereas law has been settled that when there are two wives, the legally wedded wife is entitled to get death cum retrial benefits to the extent of at least 50%. In support of his submissions he referred to AIR 2000 S.C. 735 . 5. Under Rule 184 Chapter V of Bihar Pension Rules when there are more than one wife each widow is entitled to get equal share in the pensionary benefits of an employee on his death. In the judgment of the Apex Court also it has been held that as regards the family pension and death cum retirement benefit, the first wife being legally wedded wife is entitled to equal share with the minor children of the second wife as per Hindu Succession Act and the Government can grant pensionary and other benefits holding enquiry about the existence of second married and it need not wait for decision of the civil court in that regard. 6. From the perusal of the order passed in civil review it is an admitted position that respondent No. 5 Devanti Devi claims herself to be second wife of Dwarika Ram. She has also not filed any counter affidavit controverting the claim of the petitioner that she is the first wife of the deceased. Therefore, in view of the above facts as also in view of the decision passed by the Apex Court I do not find any impediment in directing the University to pay 50% of the retirement benefits to the petitioner and the University is directed to pay the same within three months. 7. As regards the remaining 50% of the retirement benefits the University would decide the same after production of succession certificate as directed in the civil review. 8. With the above observation, this writ application is disposed of.