ORDER Virendra Saran, J.
1. Ugra Sen Singh and Hari Sen Singh sons of Smt. Dropadi Devi (since dead) have filed this writ petition, stating that their mother, late Smt. Dropadi Devi w/o Sri Raghunath Singh was working under the Senior Medical Superintendent, Manila Hospital, Balrampur Hospital, Luchnow as 'Aaya' (attendant). She died on April 12, 1992 leaving behind the petitioners and two daughters, namely. Km. Chandra Kanta Singh and Km. Kanchan Singh, the grievance of the petitioners is that even though their mother, who was the subscriber depositor of the provident fund had duly nominated the petitioners the amount standing to the credit of Smt. Dropadi Devi is not being paid to them.
2. This Court by its order dated November 17, 1992 had directed the learned Standing Counsel to file a counter affidavit. No counter-affidavit has been filed as yet and hence the allegations made in the writ petition remain un-rebutted and are to be accepted.
3. It may further be mentioned that by its order dated November 17, 1992 this court had further directed that the representation made by the petitioner (Annexure-3 to the writ petition) be also considered and decided by the opposite party No. 3. It appears that in spite of the communication of this Court's order, the representation has remained undecided. The petitioners have filed the notice given to the Senior Medical Superintendent, Manila Hospital, Balrampur Hospital, Lucknow, along with photocopy of this Court's order dated November 17, 1992 which they served on the Senior Medical Superintendent, Manila Hospital, Balrampur Hospital, Lucknow.
4. I have heard Sri Ganga Singh, learned counsel for the petitioners and the learned Standing Counsel.
5. The relevant provisions contained in Section 5 of the Provident Fund Act states:-
"5. Right of nominees. - (1) Notwithstanding anything contained in any law for the time being in force or in any disposition, whether testamentary or otherwise, by a subscriber to or depositor in a Government or Railway Provident Fund of the sum standing to his credit in the Fund,or of any party thereof, where any nomination, duly made in accordance with the rules of the Fund purports to confer upon any person the right to receive the whole or any part of such sum on the death of the subscriber or depositor occurring before the sum has become payable or before the sum having become payable, has been paid, the said person shall, on the death as aforesaid of the subscriber or depositor, become entitled, to the exclusion of all other persons, to receive such sum or part thereof, as the case may be, unless.
(a) such nomination is at any time varied by another nomination made in like manner or expressly cancelled by notice given in the manner and to the authority prescribed by those rules, or.."
6. The words "Notwithstanding anything contained in any law for the time being in force or in any disposition, whether testamentary or otherwise, by a subscriber to or depositor" are very significant and give overriding effect. The purport to abrogate even the personal law of the subscriber/depositor in the matter of distribution of his Provident Fund assets. Section 5 leaves the sole discretion of the subscriber/depositor in this regard and the persons so nominated have right to receive the sum on the death of the subscriber or depositor.
7. The petitioners have been nominated by their mother to receive sum on the Provident Fund standing in her credit and hence the petitioners have a right to receive the same.
8. The writ petition is accordingly allowed and it is directed that the amount of the Provident Fund of late Smt. Dropadi Devi be paid to the petitioners without any further delay.
9. No order of costs is made.