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HARISH KUMAR
Raj Lakshmi Mishra – Appellant
Versus
Chairman-Cum-Managing Director, Canara Bank – Respondent
Harish Kumar, J.—This Court has heard Mr. Gyanendra Kumar Shukla, learned Advocate for the petitioners, Mr. Jitendra Kumar, learned Advocate for the Canara Bank and Mr. Shekhar Singh, learned Advocate for respondent no.4.
2. The petitioners are aggrieved with the order contained in reference no. KC:HRM:807: 2021 dated 29.07.2021 (Annexure-4 to the writ petition) whereby the claim of the petitioners for settlement of amount under National Pension Scheme was rejected by the respondent Bank on the ground that the deceased employee late Brajesh Mishra had given the names of the petitioners as a joint nominees prior to his marriage and after marriage there is no fresh nomination, thus the concerned respondents directed to produce succession certificate of deceased son of petitioner no.1 for settlement of the National Pension Scheme (NPS) amount, which is lying under the Pension Fund Regulatory and Development Authority (hereinafter referred to as ‘the PFRDA’). The petitioners also sought a direction upon the respondent authorities to release the pensionary benefits-cum-terminal benefits so as to appropriate the housing loan taken by the deceased son of petitioner no.1.
3. The short facts,
Nomination does not confer ownership rights; legal heirs retain entitlement to the deceased's estate under succession laws.
A nominee does not inherit the estate of the deceased and must distribute amounts to legal heirs according to succession laws.
Nominees do not inherit the estate of the deceased; they must distribute amounts to legal heirs according to succession laws.
Nomination in insurance does not confer absolute rights over terminal benefits, which pertain to legal heirs under succession laws.
The legal point established is the entitlement of the legally wedded spouse to pensionary benefits under the applicable rules and the invalidity of nominations contrary to statutory provisions.
General Provident Fund – Nomination – When nomination becomes invalid, amount is to be distributed/divided amongst all eligible members.
Post-retirement spouses are entitled to family pension benefits, allowing for a change of nomination in pension documents as per relevant rules.
Nomination in insurance does not confer absolute rights; benefits are subject to distribution laws among legal heirs.
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