( 1 ) THE petitioner is the sister of Mr. Gabriel Motha, an employee of the third respondent. He was a member of the Provident Fund and his account No. was KN/45/5323. He was a bachelor. He was looked after by his sister, the petitioner. He nominated the petitioner on 21-1-1998 in the prescribed form to receive the pension under the Employees' Pension scheme, 1995. Annexure-A is the nomination and declaration form. He died on 31-1-1998. It appears that the third respondent forwarded the said nomination and declaration form to the respondents 1 and 2 only on 23-6-1998. After the death of her brother, the petitioner filed an application for grant of pension under the Employees' Pension Scheme, 1995 as per Annexure-B. The request of the petitioner for pension has been rejected by respondents 1 and 2 on the ground that there was no valid nomination available in favour of the petitioner on the death of the member. As per Paragraph 61 (1) of the Employees' Provident Funds scheme, 1952, the nomination shall have effect to the extent that it is valid on the date on which it is received by the Commissioner. In the case of the petitioner as it was received only on 23-6-1998, 4 m