Nomination of mother for Provident Fund and Widow for other retiral benefits of employee

The deceased was working I the Defence Account Department of Union of India.   At the time of joining service, he had nominated his mother – petitioner for GPF, Insurance and Death Gratuity.  

After the marriage with the respondent no.1 on 20.6.2023, he had changed the nominations in favour of his wife only for Gratuity and Insurance.   However, the nomination of the petitioner for GPF had continued.

On 4.7.2021, the deceased had died while in service.   His terminal benefits were paid to the respondent no.1 – widow and also the family pension.

The respondent no.1 was, however, informed that the petitioner – mother being the nominee for GPF, the said amount can be claimed by her only.

The Central Administrative Tribunal directed payment of 50% GPF to the petitioner and the respondent no.1

The petitioner-mother has challenged in the writ petition.

HELD, on consideration of the GPF (Central Services) Rules, 1960, it was held that the Tribunal has not interpreted Rule 33 in proper perspective.   Nomination indicates only the hand which is entitled to receive the benefits, but the benefits have to be distributed in accordance with the law of succession.   The Tribunal cannot enter this dispute in view of exclusive jurisdiction of the Civil Court for such disputed questions of facts. In our view, the GPF amount will have to be paid to the petitioner alone as per rules and respondent no.1 may then claim her share in appropriate proceedings as provided under the law.

Judgment dated 11.2.2025 of the High Court of Bombay in Writ Petition No.5756 of 2024 (AS) of B.Suguna   Vs.  Smt. Bolla Malathi and others