Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:109826 Court No. - 5 Case :- WRIT - A No. - 3071 of 2025 Petitioner :- Indu Mishra Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Anil Kumar Tiwari Counsel for Respondent :- C.S.C.,Sunil Kumar Misra Hon'ble Saurabh Shyam Shamshery,J.
1. Heard Sri Anil Kumar Tiwari, learned counsel for petitioner and Sri Ayush Mishra, Advocate holding brief of Sri Sunil Kumar Mishra,
learned counsel for Respondents-2 to 4.
2. It appears that relation between petitioner and her husband is not cordial and there are litigations between them.
3. Petitioner wants that her name be included as nominee in the service record of petitioner. However, learned counsel for petitioner is not able to show any legal provision that such order can be passed by this Court.
4. Learned counsel for respondents, on basis of instructions, submits that husband of petitioner has made his Nephew as nominee in his service record.
5. In aforesaid circumstances, prayer to issue a mandamus to consider the claim of petitioner cannot be allowed at this stage.
6. As this stage, the Court takes note of a judgment passed by Supreme Court in the case of Shipra Sengupta vs Mridul Sengupta & Ors,
AIR
OnLine 2009 SC 408 wherein it has been held that nominee is only a custodian of funds in the eventuality of death of employee and benefit has to be given in terms of legal heirs of employee and for that petitioner is at liberty as and when such eventuality occurs.
7. With aforesaid observation, this writ petition is disposed of.
Order Date :- 10.7.2025 AK Digitally signed by :- AWADESH KUMAR High Court of Judicature at Allahabad