Judgment 1. Heard both sides. 2. Petitioners are the parents of deceased J. Valsalan, who died in an insurgent attack at Pastoi Market (Imphal) while he was in service under respondents 1 to 3. The 4th respondent who was his wife, was awarded with Liberalised Penisonary award and she got re-married on 03.05.2000. On re-marriage, the widow being disqualified, the same was stopped and she was paid ordinary family pension as a special provision. The parents are not getting any pension. Hence, this writ petition with the following prayers: 1. To declare that the petitioners are the legal heirs of deceased Valsalan who died on 02.11.1997 while in service under respondents 1 to 3. 2. To issue a writ of mandamus or any other writ, direction or order directing respondents 1 to 3 to sanction family pension of the deceased Valsalan to the petitioners with effect from 03.05.2000 the date of the re-marriage of the 4th respondent, the wife of deceased. 3. To declare that petitioners are entitled to draw all the death benefits and compensation of deceased Valsalan. 3. The learned counsel for the petitioners submits that as per sub-Section (4) of Section 4 of the consolidated orders on LPA [GOI, Department of Pension and Pensioners Welfare, O.M. No. 33/5/89-P&P.W.(K), dated the 9th April, 1990 as modified by O.M. No. 45/22/97-P&PW(C) dated the 3rd February, 2000], the parents are eligible for 75% of the pay last drawn by the deceased and a single parent is eligible for 60% of the pay last drawn without reference to the pecuniary circumstances of the parents provided the government servant dies as a bachelor or as a widower without children. Section 4 of the consolidated orders on LPA reads as follows: "4. Benefit to the family in the event of the Death of the Government Servant -family pension under categories 'D' & 'E'. 1) If the Government servant is survived by the widow, she will be entitled to family pension equal to the pay last drawn by the deceased Government Servant. The said family pension shall be admissible to her for life or until her remarriage. 2) In the event of remarriage of the widow, family pension will be allowed at the rates of family pension and subject to the conditions laid down for family pension under the CCS (Pension) Rules, 1972, from the date following the date of her marriage. The said family pension shall be admissible to her for life or until her remarriage. 2) In the event of remarriage of the widow, family pension will be allowed at the rates of family pension and subject to the conditions laid down for family pension under the CCS (Pension) Rules, 1972, from the date following the date of her marriage. 3) If the Government servant is not survived by widow but is survived by child/children only, all children together shall be eligible for family pension at the rate of 60% basic pay, subject to a minimum of Rs.2500/-Children's Allowance, as admissible now, stands abolished. The above family pension shall be payable to the children for the period during which they would have been eligible for family pension under the CCS (Pension) Rules, 1972. The family pension shall be paid to the senior most eligible child at a time on the lines on which family pension is regulated under the CCS (Pension) Rules, 1972. 4) Where the Government servant dies as a bachelor or as a widower without children, dependant pension will be admissible to parents without reference to the pecuniary circumstances at 75% of the pay last drawn by the deceased Government servant for both parents and 60% of the pay last drawn by the deceased Government servant for a single parent. On the death of one parent dependant pension at the latter rate will be admissible to the surviving parent. 4. The learned counsel for the petitioners placing reliance upon the decision reported in Padmavathy Amma v. Union of India and others -2009 KHC 1163, submits that upon disqualification of one member the other dependent family members are eligible for the family pension. The operative portion of the said decision reads as follows: "4. According to me, the decision in Kunhami's case (supra) is squarely applicable in this case and the respondents, therefore, cannot legally canvass the position that incurring of disqualification by the widow on account of re-marriage would not make the mother of the concerned deceased personnel eligible for the grant of family pension. The provisions under the Regulations were framed with a view to render financial assistance to the family of the deceased Armed Force Personnel on whom they were dependent for their survival. The provisions under the Regulations were framed with a view to render financial assistance to the family of the deceased Armed Force Personnel on whom they were dependent for their survival. Admittedly, in this case, after the death of the concerned person, family pension was granted to the primarily eligible person, who is his widow. She was drawing pension and thereafter on account of her re-marriage she incurred disqualification to continue to draw the pension. It is only thereafter that the petitioner who is the mother of the deceased Unni Pillai applied for family pension. Indisputably, mother of a deceased Armed Force Personnel is an eligible family member to draw family pension. Going by the decision of this Court in Kunhami's case (supra) rendered relying on the decision of the Hon'ble Apex Court in S.K. Mustan Bee v. The General Manager South Central Railway & Anr. reported in (JT 2002 SC 50), the said reason cannot be assigned to deny family pension to a person like the petitioner. So also, no provision was brought to my notice under the Army Regulations by the respondents which would permanently disentitle ordisqualify other surviving, eligible family members for the grant of family pension on the death or disqualification of the 'family pensioner' subject to the order of priority. In short, the respondents cannot assign the ground that the primarily eligible person viz., the widow was originally sanctioned the family pension and was drawing the same and therefore, the next eligible family member is ineligible to claim family pension even subsequent to the incurring of disqualification by such 'family pensioner'. Accordingly, Ext.P6 is quashed. Since the sole objection raised for granting family pension to the petitioner was thus found unmerited and untenable, there cannot be any further impediment for the grant of family pension to her. Therefore, there shall be a direction to the respondents to sanction family pension including arrears due, to the petitioner within three months from the date of receipt of a copy of this judgment." 5. On a reading of the aforesaid OM, it is found that the family pension is intended for all the dependents of the deceased. Hence, when one member is disqualified (widow), other members are eligible for family pension. On a reading of the aforesaid OM, it is found that the family pension is intended for all the dependents of the deceased. Hence, when one member is disqualified (widow), other members are eligible for family pension. Since on re-marriage of the widow, she is residing with her new husband at the new residence, it can be reasonably expected that she may not be in a position to look after the parents of the deceased. 6. On disqualification of the widow on re-marriage, the parents are eligible for LPA subject to the limits mentioned in sub-Section (4). Since a sum is being paid to the widow as ordinary family pension on re-marriage, the same can be deducted from the LPA which was granted to the widow initially. The parents are eligible for the balance amount of the LPA subject to the limits mentioned i.e., 75% for parents and 60% for a single parent, of the pay last drawn by the deceased government servant. Therefore, I direct the 1st respondent to release pension to the petitioners within three months from the date of receipt of a copy of this judgment. This writ petition is disposed of as above.