Neutral Citation No. - 2025:AHC:107285 Court No. - 5 Case :- WRIT - A No. - 5590 of 2025 Petitioner :- Rajwati Tyagi Respondent :- State of U.P. and Another Counsel for Petitioner :- Aniruddh Tiwari,Varun Dev Sharma Counsel for Respondent :- C.S.C.,Rahul Agarwal Hon'ble Saurabh Shyam Shamshery,J. 1. It is not disputed that petitioner is wife of deceased employee, however, her claim for family pension is rejected by impugned order dated 10.07.2024 on a ground that her husband has made their elder son as a nominee and since he has already crossed age of 25 years, therefore, even he is not entitled for pension. 2. Heard Sri Ayan Mishra, learned counsel for petitioner and Rahul Agarwal, learned counsel for respondents. 3. Court is of the view that reasons assigned in impugned order are contrary to a judgment of Supreme Court in Shipra Sengupta vs. Mridul Sengupta and others, (2009) 10 SCC 680 wherein it has been held as follows :- “16. Learned counsel for the appellant also placed reliance on a Division Bench judgment of the Delhi High Court in Ashok Chand Aggarwala v. Delhi Admn. [(1998) 7 AD 639 (Del)] This case related to the Delhi Cooperative Societies Act. The High Court while following Sarbati Devi case [(1984) 1 SCC 424 : 1984 SCC (Tax) 59] held that it is well settled that mere nomination made in favour of a particular person does not have the effect of conferring on the nominee any beneficial interest in property after the death of the person concerned. The nomination indicates the hand which is authorised to receive the amount or manage the property. The property or the amount, as the case may be, can be claimed by the heirs of the deceased, in accordance with the law of succession governing them.” 4. Considering contents of the impugned order as well as taking note of Shipra Sengupta (supra), this writ petition is disposed of by directing that matter is remitted back to concerned respondents to decide the same afresh in the light of judgment as referred above as well as hierarchy of legal heirs of family of deceased and a reasoned decision be taken within a short period. Order Date :- 8.7.2025 N. Sinha Digitally signed by :- NIRMAL SINHA High Court of Judicature at Allahabad