ORDER : 1. The instant intra-court appeal under Clause 10 of the Letters Patent is preferred against the order/judgment dated 28.06.2021 passed by learned Single Judge in W.P. (S) No. 1214 of 2015 whereby and whereunder prayer of the writ petitioner for payment of interest on delayed payment, on amount pertaining to Coal Mines Provident Fund (CMPF), has been denied by dismissing the writ petition. 2. The brief facts of the case which is required to be enumerated read as hereunder: The husband of the petitioner namely, Chhakan Lal Sahu, who was an employee of M/s Central Coalfields Limited died in harness on 28.05.2006. The writ petitioner, who is the wife of the deceased-employee, prayed for release of CMPF amount, which was lying with the CMPF authorities. It is the case of the writ petitioner that she was only paid 50 % of the CMPF amount, for which her deceased-husband had made nomination. So far rest 50% share of CMPF amount is concerned, the mother of the deceased-employee was made nominee who died on 08.09.2011, thus the writ petitioner became entitled to get the rest unpaid share of 50 % of the CMPF amount. Thereafter, the petitioner approached before the CMPF authorities for payment of remaining 50% CMPF amount, upon which the authorities directed the petitioner vide order dated 04.02.2013 to produce the succession certificate from the competent Court of law in stake of her claim. Aggrieved thereof, the writ petitioner approached to this Court by filing writ petition being W.P. (S) No. 161 of 2014, which was disposed of vide order dated 03.11.2014 holding the action of the CMPF authorities asking the petitioner to produce the Succession Certificate not proper and directed the Regional Commissioner, CMPF, Region-II to release the admissible balance CMPF amount in favour of writ petitioner within the stipulated period of time. Pursuant to direction passed by this Court, the petitioner was paid the balance CMPF amount of Rs. 2,72,711/- but without any compoundable interest on the CMPF amount, as such, she submitted representation before the appellants-authorities for payment of interest on delayed payment on amount pertaining to Coal Mines Provident Fund (CMPF), but it did not evoke any response. Pursuant to direction passed by this Court, the petitioner was paid the balance CMPF amount of Rs. 2,72,711/- but without any compoundable interest on the CMPF amount, as such, she submitted representation before the appellants-authorities for payment of interest on delayed payment on amount pertaining to Coal Mines Provident Fund (CMPF), but it did not evoke any response. Being aggrieved, the writ petitioner again approached this Court by filing writ petition, being W.P. (S) No. 1214 of 2015 praying for payment of interest on delayed payment on the amount pertaining to Coal Mines Provident Fund (CMPF) which was dismissed vide order dated 28.06.2021 denying the claim of the petitioner, which is the subject matter of instant intra-court appeal. 3. Learned counsel for the petitioner-appellant has submitted that the one way or the other since the rest 50% of the CMPF amount has not been paid in time, as such the writ petitioner, after the death of her mother-in-law, has become legally entitled to get the said amount and therefore, she is entitled to get compound interest over the delayed payment on the amount of 50% CMPF amount for the period 03.07.2008 to 08.01.2015 based upon the finding recorded in W.P. (S) No. 161 of 2014, but the learned Single Judge by not appreciating the fact in right prospective has dismissed the writ petition, therefore, the instant intra-court appeal. 4. While on the other hand, Mr. Prashant Kumar Singh, learned counsel for the respondents-CMPF has submitted that since herein the employee has exercised and nominated a particular person to receive portion of 50% share which is lying in his account, the authority, who is the custodian of the said amount, has to strictly follow the nomination. When the nomination was in the name of mother-in-law of the petitioner, the authority could not have disbursed the said amount to the wife of the deceased-employee i.e. the present petitioner. It has further been submitted that the CMPF authorities were well within their jurisdiction not to disburse the 50% of the amount in favour of wife of the deceased-employee, who was not the nominee for rest of the 50% CMPF amount. It has further been submitted that the CMPF authorities were well within their jurisdiction not to disburse the 50% of the amount in favour of wife of the deceased-employee, who was not the nominee for rest of the 50% CMPF amount. However, after the death of her mother-in-law, when she approached before this Court seeking direction upon the respondents to disburse the balance amount in favour of petitioner as original nominee had died by filing writ petition being W.P. (S) No. 161 of 2014, which was disposed of vide order dated 03.11.2014 directing the CMPF authorities to disburse the balance amount of CMPF to the petitioner, the CMPF authority immediately disbursed the amount in question (rest 50% of CMPF share) to the writ petitioner on 08.01.2015. In the backdrop of these facts, learned counsel for the CMPF authorities has submitted that there is no error in the order passed by learned Single Judge and after taking into consideration the aforesaid factual aspects the writ petition has been dismissed, the order passed by learned Single Judge may not be interfered with. 5. We have heard learned counsel for the parties, perused the documents available on record as also the finding recorded by learned Single Judge. 6. The fact which is not in dispute is that one Chhakan Lal Sahu who was an employee of M/s Central Coalfields Limited, died in harness on 28.05.2006. During his service tenure he had made nominee of his wife and mother to the extent of 50% each against CMPF contribution. After the death of deceased-employee share of 50% of CMPF amount was paid in favour of wife of the deceased-employee, the petitioner herein. So far rest 50% share of CMPF amount is concerned, it could not be paid in favour of mother of the deceased-employee who died on 08.09.2011. Thereafter, claiming her entitlement over remaining 50% CMPF amount, the petitioner approached before the CMPF authorities, upon which the authorities directed the petitioner vide order dated 04.02.2013 to produce the succession certificate from the competent Court of law in stake of her claim. Thereafter, claiming her entitlement over remaining 50% CMPF amount, the petitioner approached before the CMPF authorities, upon which the authorities directed the petitioner vide order dated 04.02.2013 to produce the succession certificate from the competent Court of law in stake of her claim. Aggrieved thereof, the writ petitioner approached to this Court by filing writ petition being W.P. (S) No. 161 of 2014, which was disposed of vide order dated 03.11.2014 holding the action of the CMPF authorities asking the petitioner to produce the Succession Certificate not proper and directed the CMPF authorities to release the admissible balance CMPF amount within the stipulated period of time in favour of writ petitioner, the wife of the deceased-employee. In compliance of the order passed by this Court, the petitioner was paid the balance CMPF amount of Rs. 2,72,711/- on 08.01.2015. The writ petitioner claiming interest over the delayed payment of CMPF submitted representation before the respondents-authorities, which did not evoke any response, as such the writ petitioner approached this Court by filing writ petition, being W.P. (S) No. 1214 of 2015 for payment of interest on delayed payment on the amount pertaining to Coal Mines Provident Fund (CMPF), which was dismissed vide order dated 28.06.2021 denying the claim of the petitioner. 7. There is no dispute about the position of law that once a deceased-employee makes nominee by giving declaration in the service excerpts, the amount is to be paid by the authorities on the basis of that nomination unless there is any objection. Admittedly, the writ petitioner has got no grievance about the 50% of the amount for which she was made nominee by her deceased-husband so far interest over the CMPF amount is concerned. She has claimed interest over rest of the 50% of CMPF amount which was to be paid in favour her mother-in-law (mother of the deceased-employee) but could not be paid for one or the other reason till her mother-in-law was alive. But the question is that when the nominees did not come forward to receive the CMPF amount in her lifetime then whether the authority will be the custodian of the said amount and same could only be paid either on the basis of presentation of succession certificate or on order passed by the Court of law. But the question is that when the nominees did not come forward to receive the CMPF amount in her lifetime then whether the authority will be the custodian of the said amount and same could only be paid either on the basis of presentation of succession certificate or on order passed by the Court of law. In the present case, although no succession certificate was produced rather the rest of the amount of CMPF has been paid in pursuance to order passed by the Court of law vide order dated 03.11.2014 and immediately after two months of the order passed by this Court, on 08.01.2015 the rest of the CMPF amount was paid in favour of writ petitioner. 8. Therefore, according to our considered view, delay of payment of rest 50% CMPF amount in favour of writ petitioner cannot be attributed to CMPF authorities and as such the liability to make payment of interest on the rest of 50% CMPF amount would not be appropriate to imposed upon the CMPF authorities. 9. The learned Single Judge after taking into consideration these aspect of the matter has refused to pass any positive direction for payment of interest on delayed payment, which in our view, cannot be faulted with. Therefore, the order passed by the learned Single Judge requires no interference. 10. Accordingly, the appeal fails and is dismissed.