1. Heard.

The petitioner who is the mother of deceased-employee, Dr. Kalpana Tondey has filed this petition assailing the correctness and validity of direction dated 7-6-2006 (Annexure P-10) issued by respondent No.2, whereby payment of GPF has been withheld on the ground of pendency of criminal appeal.

2. Quintessential facts necessary for decision of the petition are that Late Dr. Kalpana Tondey was appointed as Assistant Surgeon in the service of the State Govt. in the Department of Health. It was alleged that she was murdered by her husband-Dr. Anil Kumar Singh/respondent No.6. Dr. Anil Kumar Singh faced trial for alleged murder of his wife-Late Dr. Kalpana Tondey. Vide judgment of conviction and order of sentence dated 31-7-2000 passed by 1st Additional Sessions Judge, Raigarh, in S.T. No. 81/99, Dr. Anil Kumar Singh was held guilty for commission of offence under Sections 302 and 498 of the IPC and sentenced to life imprisonment. Aggrieved by the said judgment, Dr. Anil Kumar Singh preferred criminal appeal before this Court, registered as Cr. A. No. 2007/2009. The said appeal is still pending. At the time of entry into service, Late Dr. Kalpana Tondey filled-up nomination form for the purpose of GPF, in which she nominated her father B.P. Tondey and mother Smt. Meena Tondey vide Annexure P-2. Till the death of Late Dr. Kalpana Tondey, this nomination subsisted and was never cancelled.

3. After unfortunate death of Dr. Kalpana Tondey, her parents claimed release of various dues, which included OPF, Insurance Coverage, arrears of salary, leave encashment etc. The Chief Medical & Health Officer allowed the amount of Group Insurance of Rs. 1,20,000/-, arrears of pay of Rs. 24,208/-as also encashment towards earned leave amounting to Rs. 25,062/- to be released vide different sanctions orders dated 14-1-2000, dated 7-8-2009 and 3-1-2000 placed on record collectively as Annexure P-4.

4. When claim for release of provident fund amounting to Rs. 1,23,343/-was raised, it was not released. A legal notice dated 16-2-2004 was given which was not paid any heed to. Thereafter, N.P. Tondey (since deceased), father of the deceased employee filed a writ petition before this Court, registered as W.P. No. 972/05, for issuance of directions for release of gratuity amount and other amounts due and payable on account of death of Late Dr. Kalpana Tondey. On 3-2-2006, this Court issued a direction for release of the amount due and payable. Thereafter, on 24-2-2006, Sr. Account Officer in the office of respondent No.2, issued authorisation letter for release of GPF amount of Rs. 1,23,348/- in compliance of the order of the High Court. Thereafter, the Chief Medical and Health Officer vide his memo dated 24-5-2006 (Annexure A-8), required father of deceased employee B.P. Tondey to furnish undertaking. An undertaking was also submitted by B.P. Tondey (Annexure P-9).

5. While the matter stood thus, writ petition filed by the B.P. Tondey was dismissed as withdrawn vide order dated 26-6-2006 (Annexure P-11). In the meanwhile, the official respondent No.2 issued a letter on 7-6-2006 (Annexure P-10), impugned in this writ petition, directing the Chief Medical and Health Officer, Raigarh to return the authorisation letter for release of GPF amount on the ground that till the decision of criminal appeal filed by husband of the deceased employee, payment be withheld. It is this decision of respondent No.2, which is under challenge in this writ petition.

6. Learned Counsel for the petitioner contends that once a valid nomination was made by deceased-Dr. Kalpana Pandey in favour of her parents, which included the petitioner-Smt. Meena Tondey also, she is entitled to receive the amount of GPF as a valid nominee because nomination still subsists, as it has not become invalid either by operation of law or on account of any other contingency, recognised under the law. According to him, even after marriage of Late Dr. Kalpana, there was no application made by her