Judgment S. J. Mukhopadhaya, J. 1. The writ-petition was filed by one Most. Sushila devi, widow of the laic Mahahir Prasad choudhary. She filed the writ-petition for direction on the respondents to pay her the family pension which was due to her since 17th August, 1973 and other post-death benefits of her husband, namely, gratuity, leave encashment, provident fund, etc. Penal interest on such count was also claimed for by the said petitioner. 2. During the pendency of the writ-petition, the original petitioner, most. Sushila Devi died and in her place, the heirs have been substiiuted as the petitioners, who are also the heirs of late Mahabir Prasad Choudhary. 3. Late Mahabir Prasad Choudhary was initially appointed as a teacher in the Primary School, Shikta in the district of Purnea, which was a private School. He was so appointed on 6th April, 1961. The School, in question, was taken over by the State government with effect from 1.1.1971 in terms with the Bihar Non-Government elementary School (Taking Over of Control) Act, 1976 and the same was effective from 1st January, 1971. Prior to that by one Resolution No.763 dated 9th February, 1973, the State Government decided to take over such Non-Government schools with effect from 1.1.1971 and it was decided that the teachers of such schools will be treated to be Government employees. The said mahabir Prasad Choudhary died on 16th August, 1973, while in service of the State Government. 4. No post-death benefits, including family pension, gratuity etc. having been paid, the instant writ-petition was filed by Most. Sushila Devi, widow of late Mahabir Prasad Choudhary, as stated above. She claimed for family pension in terms with the State governments policy decision, contained in Resolution dated 3rd October, 1964 followed by subsequent Resolution dated 4th June, 1976. 5. The Counsel for the petitioner also relied on a decision of this Court in the case of Smt. Sharda Devi V/s. State of bihar and Others, reported in 1996 (2) P. L. J. R.470. 6. A counter-affidavit has been filed on behalf of the Respondents. The counsel appearing for the State sub-mitted that the Resolution dated 3rd october, 1964 is applicable with respect to the widows of such Government employees who died prior to 3rd october, 1964. Further, it is submitted that the Resolution dated 4th June, 1976 is applicable to the State Government employees who died after the said date. The counsel appearing for the State sub-mitted that the Resolution dated 3rd october, 1964 is applicable with respect to the widows of such Government employees who died prior to 3rd october, 1964. Further, it is submitted that the Resolution dated 4th June, 1976 is applicable to the State Government employees who died after the said date. It is contended that the persons who died in between the two periods, i. e. in between 1964 and 1976, but before 1.4.1976, like late Mahabir Prasad choudhary, they are entitled for tripple benefit scheme and in terms with the 1964 scheme, the widow of late Mahabir prasad Choudhary was not entitled for family pension. 7. In the case of Smt. Sharda Devi (Supra), this Court took into note the aforesaid circular issued in the year 1964. In the said case, the husband of smt. Sharda Devi retired from the post of Head Master of a Primary School on 14th, 1972 and died in the year 1974. After discussing the provisions of the circular aforesaid, this Court held that the said widow Smt. Sharda Devi was entitled for family pension in terms with the aforesaid Government circular issued in the year 1964. 8. Following the aforesaid decision of this Court, I hold that the widow of Late Mahabir Prasad choudhary i. e. Most. Sushila Devi was also entitled for family pension. Accordingly, the respondents are directed to pay the petitioner the arrears of such family pension, which is to be calculated from the date of death of late Mahabir Prasad choudhary till the date of death of widow Most. Sushila Devi. The respondents are also directed to calculate the other post death benefits, in any, to which the heirs of late Mahabir Prasad choudhary are entitled like gratuity, leave encashment, provident fund amount etc. and to pay the same, if not yet paid. Whatever the arrears that will be calculated on that basis, is to be paid in favour of the petitioners with 12% interest thereon, interest to be calculated from the date of filing of the writ-petition (27th April, 1994), till the date such amount is paid. 9. The aforesaid direction of this court is to be complied by the respondents within a period of four months from the date of receipt/production of a copy of this order. The writ-petition stands disposed of with the aforementioned observations and directions. Order Accordingly.