JUDGMENT SHIVA KIRTI SINGH, J. The petitioner in this application is a widow of one Ramphal Ram, a Grade IV employee in civil court, Gaya who died while in service on 22-8-1985. Through this writ application under Articles 226 and 227 of the Constitution of India the petitioner has challenged the order contained in annexure-4 dated 2-5-96 passed by the District and Sessions Judge, Gaya pursuant to a direction of this Court contained in order dated 11-12-95 (annexure-3) passed in C.W.J.C. No. 9030 of 1994. 2. The petitioner has further prayed for a writ of mandamus to command the respondents to pay the family pension admissible to the petitioner on account of death of her husband while in service as aforesaid along with interest at current market rate. 3. There is no much dispute with regard to the facts of the case. The petitioner claimed herself to be the wife of late Ramphal Ram and after his death, claimed family pension on that basis. Earlier her claim was rejected by the District & Sessions Judge on account of dispute whether she is widow of late Ramphal Ram or not and whether she herself being a Government employee in hospital would be entitled to family pension. Against that order which is contained in annexure-2 the petitioner moved this Hon'ble Court vide C.W.J.C. No. 9039 of 1994 which was disposed of on 11-12-1995 (annexure-3) and this court directed the District & Sessions Judge, Gaya to allow the petitioner an opportunity of producing all materials before him to satisfy him that she was married to the deceased employee Ramphal Ram and is his widow. The District Judge was given liberty to pass appropriate order and liberty was given to the petitioner in case the District Judge rejects her claim the petitioner may seek remedy before the civil court. The District Judge was given liberty to pass appropriate order and liberty was given to the petitioner in case the District Judge rejects her claim the petitioner may seek remedy before the civil court. Thereafter the matter was examined by the District and Sessions Judge, Gaya, and from the Impugned order contained in annexure-4, it appears that petitioner's claim to be the widow of late Ramphal Ram has been accepted but her prayer for family pension has been rejected on the ground that although being the wife she cannot get family pension unless she proves that she was dependent on the deceased employee and further it has been held that since the petitioner was government servant herself and after her superannuation she is drawing pension so she cannot be held to be dependent and hence she cannot be entitled to family pension. 4. On behalf of the petitioner it was submitted that the Bihar Pension Rules do not contain any provision requiring that a widow of deceased government servant should be a dependent of the deceased for award of family pension. In this regard attention of the Court was drawn to Appendix-5 contained in Part II of the Bihar Pension Rules, 1950 which contains the Bihar Liberalised Pension Scheme, 1950. Section III of the said scheme provides family pension and paragraph 4(3) thereof defines the term family to include the widow of a deceased government servant. Paragraph 4(4) lays down various restrictions on payment of family pension to various categories of relatives of a deceased government servant. As per clause (a) of paragraph 4(4) no pension will be payable to a person mentioned in clause (b) of sub-paragraph (5) without production of reasonable proof that such person was dependent on government servant for support. A look to sub-paragraph (5) clause (b) reveals that the persons mentioned in clause (b) are the father, mother, brother, unmarried sister and widowed sister with certain qualification, but it does not include the widow of the government servant who finds mention only in sub-para (5) (a) and not 5 (b). 5. Thus from the provisions of the scheme with regard to family pension there does not appear any requirement that the widow of a deceased government servant should further establish that she was dependent upon the deceased husband and then only she will be entitled to family pension. 5. Thus from the provisions of the scheme with regard to family pension there does not appear any requirement that the widow of a deceased government servant should further establish that she was dependent upon the deceased husband and then only she will be entitled to family pension. No other rule or provision of law in this regard has been brought to the notice of this Court by the learned counsel appearing for the respondents. 6. In the aforesaid facts and circumstances of the case, this writ application has to be allowed. Accordingly, the impugned order contained in annexure-4 to the writ it application is quashed and the concerned respondents are directed to promptly decide and pay to the petitioner the family pension and all the dues on that account to which she is entitled as a widow of deceased Ramphal Ram. The aforesaid decision and payment should be done within a period of four months from the date of communication/ production of a copy of this order. The admissible dues on account of family pension will be paid to the petitioner along with interest at the rate of 12 percent per annum from the period she had filed her application for family pension till the date of payment. In the facts of the case there shall be no order as to costs.