JUDGMENT D.P.S. Chauhan, J. 1. An application for Succession Certificate Under Section 372 of the Indian Succession Act, 1925 was moved by Smt. Shilabai which was registered as Succession Suit No. 13/88 before the Second Additional Judge to the Court of District Judge Balaghat. One Ranglal Pancheshwar was an employee in the Health Department of the State Government and at the time when he expired i.e. on 7.8.88, he was posted at Primary Health Centre, Baihar. He was a Government servant. 2. There was a Family Benefit Fund maintained by the State Government. After Ranglal's death, a question arose regarding a payment of the Family Benefit Fund, regarding which an application was made by Ajunabai on 15.8.88, claiming the amount of Family Benefit Fund. On 29.9.88, a letter was sent to Smt. Shilabai (Ex. A-3) stating that since there were two applications, she was directed to obtain the Succession Certificate from the Competent Court so that further action in the matter may be taken. Accordingly. Smt. Shilabai moved for Succession Certificate. 3. It has been stated by the learned Counsel that another application was moved by Smt. Ajunabai for Succession Certificate but that application its pending before the concerned authority and has been stayed under the orders of this Court. 4. Smt. Shilabai was given the Mrityu Fund (death expenses--ex gratia) by the Government for performing the last rites of the deceased Ranglal. 5. In the instant case, the only question for consideration is whether any nomination was made by the deceased Ranglal regarding the Family Benefit Fund ? In this connection, Tukaram Nandorkar, Upper Division Clerk of the office of the Chief Medical and Health Centre, Balaghat, in his statement, stated (in para 2) that he has brought the pension file of the deceased Ranglal. He further stated that Ranglal, in the nomination form, had nominated the name of Smt. Shilabai and the same nomination was made on 9.6.87. Since the nomination was in favour of Shilabai and therefore, on 29.9.88 a notice was given to Smt. Shilabai and the same notice was exhibited as Ex. A-3. The witness was not cross-examined by by Smt. Ajunabai on the point of nomination tiled by the deceased Ranglal on 9.6.87, nominating Smt. Shilabai nor the witness was confronted regarding the existence of any such nomination form. 6. A-3. The witness was not cross-examined by by Smt. Ajunabai on the point of nomination tiled by the deceased Ranglal on 9.6.87, nominating Smt. Shilabai nor the witness was confronted regarding the existence of any such nomination form. 6. Learned Counsel for the appellant submitted that for the purpose of the controversy, the nomination made by Ranglal was sufficient and Tukaram Nandorkar has established by his evidence that the nomination was made by Ranglal. 7. Learned Counsel for the respondent submitted that Smt. Ajunabai is the legally married wife of Ranglal. 8. In the evidence, it has come that Ajunabai was the first wife of Ranglal but it has also been mentioned that they were separated (Chhod-Chhutti). 9. So far as the question of separation of Chhod-Chhutti is concerned, it is not necessary for the purpose of controversy involved in the present case as the deceased Ranglal was a Government servant and the nomination by itself was sufficient and the nomination can be in favour of any person, not necessarily in favour of his wife. Therefore the question as to who was the legally wedded wife or whether there has been Chhod-Chhutti or not is not relevant. From the evidence end material on record, and the statement of PW 4 Tukaram Nandorkar, it is established that the nomination was made by Ranglal in favour of Shilabai. 10. In view of this, the appeal is allowed. The judgment and order dated 21.10.92 is set aside for the purpose of payment of Family Benefit Fund which Smt. Shilabai is entitled to receive the same. So far as the pensionary and other benefits are concerned. It is not the case of the appellants that the nomination was for all purposes. That matter would be governed by Succession Certificate and the matter of Succession Certificate based on the application filed on behalf of Ajunabai is pending before the Competent Authority. That authority would decide the matter soon. The interim order dated 8.12.93 is discharged.