BIHASU YADAV Vs. POST MASTER MAU NATH BHANJAN

JUDGEMENT

(1.) The writ petitioner herein claims to be the nominee of one Smt. Parvati Devi wife of late Vindhyachal Rai resident of Village Deokali Bisuhpur, Post Kopaganj, District Mau, Uttar Pradesh. Such nomination was made on 20th March, 1999 in two postal accounts being MIS 3400042 and 3400043 at the branch Post Office Kopaganj, Mau. Said Smt. Parvati Devi expired on 21st October, 1999. Thereafter, the petitioner made application for permitting him to operate such accounts as nominee. The postal authority did not permit to operate. It is said by such authority that firstly an order for payment from the competent Court is to be obtained thereafter claim application will be submitted. According to the petitioner such order is illegal. He is entitled to operate the accounts in accordance with Section 4 of Government Savings Banks Act, 1873.

(2.) Respondents counsel contended that nomination in favour of the petitioner is doubtful for various reasons which are specifically mentioned in the counter-affidavit as follows :-

(3.) The nomination register is a confidential record of the Post Office, but the petitioner got the serial number of nomination without seeing the record and nomination register and registration etc. for which Postal Authority became apprehensive.