DAMYANTI DHAWAN Vs. H.P.UNIVERSITY

JUDGEMENT

(1.) Dr S. K. Dhawan and Dr. Jogesh Kaur, both of whom were at the material time, in the employment of the respondent -University as Lecturers, had entered into a wedlock. The second respondent (minor Niyati) was born out of the said wedlock. The marriage was, however, dissolved by a decree of divorce passed on April 28, 1983. The custody of minor Niyati has remained with Dr. Jogesh Kaur after the dissolution of the marriage.

(2.) Dr S K Dhawan thereafter married Dr. (Miss) Harvinder Virk, who was working as Reader in the Evening College run by the respondent -University. Unfortunately, in an accident which took place on November V 1S both Dr S. K. Dhawan and Dr. (Mrs.) Harvinder Dhawan died. Dr. SK. Dhawan left behind him his mother (the petitioner) and minor daughter Niyati.

(3.) On December 12, 1983, Dr. S. K. Dhawan had forwarded a fresh nomination form to the respondent -University nominating his wife (Dr. (Mrs.) Harvinder Dhawan) as the person entitled to receive the entire to receive the entire amount that might stand to his credit in the Himachal Pradesh University Employees Provident Fund in the event of his death and, in the event of his death and, in the event of his wife predeceasing him, naming Mrs. Damyanti Dhawan (mother) and minor Niyati (daughter) as the alternate nominees. In column 5 of the nomination from, the following endorsement is also found to have been made below the names of the alternate nominees: "The amount to pass to No. 2 nominee above i.e. to daughter inevent of contingency governing main nominee, which should also govern nominee No. 1 above, i. e. mother. Dr (Mrs) Harvinder Dhawan, however, did not make any nomination in respect of the amount to her credit in the Employees Provident Fund.