The Allahabad High Court said that just being the nominee or living with a government employee for a long time doesn’t automatically give all retirement benefits to that nominee.
The case involved Sri Bhojraj Singh, a retired assistant teacher, whose wife (Usha Devi or Respondent-10) had left him and married someone else. On the other hand, the petitioner, claiming to be the nominee, argued that she stayed with him for a long time.
Rakesh Kumar Rathore and Shyam Narayan Verma, counsels for the petitioner submitted that there was a proceeding initiated at the instance of Respondent-10 under Section 125 Cr.P.C. wherein a compromise was entered and an agreed amount was taken by Respondent-10 and thereafter she never claimed any maintenance allowance and as such she has abandoned her right, if any.
Usha Devi’s lawyer countered that, as the legally wedded wife with no divorce, being a nominee or living with Singh isn’t sufficient for her (the petitioner) to receive all retirement benefits. The court referred to a previous case, stating that a government employee’s nominee is like a custodian, and benefits after the employee’s death go to the legal heirs. Nomination doesn’t grant any beneficial interest to the nominee.
Hence, the court rejected the argument that the wife’s compromise in another case meant she gave up her rights. Since the wife was the legal heir and not divorced, the court dismissed the petition.
The Allahabad High Court, on Thursday, emphasised that merely being the nominee of a government employee or having a long-standing association with the employee does not automatically entitle the nominee to all retiral benefits.
Nomination, the court stated, does not confer beneficial interest on the nominee. The court rejected the petitioner’s argument.
