What Age Can You Draw Your Spouse& 39
48. Retirement on completion of 30 years' qualifying service
(1) At any time after a Government servant has completed thirty years' qualifying service -
| (a) | he may retire from service, or |
| (b) | he may be required by the appointing authority to retire in the public interest, and in the case of such retirement the Government servant shall be entitled to a retiring pension : |
Provided that -
| (a) | a Government servant shall give a notice in writing to the appointing authority at least three months before the date on which he wishes to retire; and |
| (b) | the appointing authority may also give a notice in writing to a Government servant at least three months before the date on which he is required to retire in the public interest or three months' pay and allowances in lieu of such notice : |
2Provided further that where the Government servant giving notice under clause (a) of the preceding proviso is under suspension, it shall be open to the appointing authority to withhold permission to such Government servant to retire under this rule :
3Provided further that the provisions of clause (a) of this sub-rule shall not apply to a Government servant, including scientist or technical expert who is -
| (i) | on assignments under the Indian Technical and Economic Cooperation (ITEC) Programme of the Ministry of External Affairs and other aid programmes, |
| (ii) | posted abroad in foreign based offices of the Ministries/Departments, |
| (iii) | on a specific contract assignment to a foreign Government, |
unless, after having been transferred to India, he has resumed the charge of the post in India and served for a period of not less than one year.
| 1(1-A) | (a) | A Government servant referred to in clause (a) of the first proviso to sub-rule (1) may make a request in writing to the appointing authority to accept notice of less than three months giving reasons therefor. |
| (b) | On receipt of a request under clause (a) the appointing authority may consider such request for the curtailment of the period of notice of three months on merits and if it is satisfied that the curtailment of the period of notice will not cause any administrative inconvenience, appointing authority may relax the requirement of notice of three months on the condition that the Government servant shall not apply for commutation of a part of his pension before the expiry of the period of notice of three months. |
(2) A Government servant, who has elected to retire under this rule and has given the necessary intimation to that effect to the appointing authority, shall be precluded from withdrawing his election subsequently except with the specific approval of such authority :
Provided that the request for withdrawal shall be within the intended date of his retirement.
4(3) For the purpose of this rule the expression 'appointing authority' shall mean the authority which is competent to make appointments to the service or post from which the Government servant retires.
For consolidated instructions regarding premature retirement of Government servants refer appendix 10 of CCS(Pension) rules book
Footnote : 1. Inserted by G.I., Dept. of Per. & A.R., Notification No. 31/3/80-Pension Unit, dated the 5th March, 1981.
2. Inserted by G.I., M.F., Notification No. 6 (8)-E. V (A)/73, dated the 25th January, 1974.
3. Inserted by G.I., Dept. of P. & P.W., Notification No. 38/15/85-Pension Unit, dated the 1st July, 1985, published as S.O. No. 3324 in the Gazette of India, dated the 20th July, 1985 and takes effect from that date.
4. Inserted by G.I., M.F., Notification No. 7 (10)-E. V (A)/77, dated the 31st August, 1977.
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348-A. Retirement on completion of 20 years' qualifying service
(1) At any time after a Government servant has completed twenty years' qualifying service, he may, by giving notice of not less than three months in writing to the appointing authority, retire from service.
4Provided that this sub-rule shall not apply to a Government servant, including scientist or technical expert who is -
| (i) | on assignments under the Indian Technical and Economic Cooperation (ITEC) Programme of the Ministry of External Affairs and other aid programmes, |
| (ii) | posted abroad in foreign based offices of the Ministries/Departments, |
| (iii) | on a specific contract assignment to a foreign Government, |
unless, after having been transferred to India, he has resumed the charge of the post in India and served for a period of not less than one year.
(2) The notice of voluntary retirement given under sub-rule (1) shall require acceptance by the appointing authority :
Provided that where the appointing authority does not refuse to grant the permission for retirement before the expiry of the period specified in the said notice, the retirement shall become effective from the date of expiry of the said period.
1(3) - Omitted
| 2(3-A) | (a) | Government servant referred to in sub-rule (1) may make a request in writing to the appointing authority to accept notice of voluntary retirement of less than three months giving reasons therefor ; |
| (b) | on receipt of a request under clause (a), the appointing authority subject to the provisions of sub-rule (2), may consider such request for the curtailment of the period of notice of three months on merits and if it is satisfied that the curtailment of the period of notice will not cause any administrative inconvenience, the appointing authority may relax the requirement of notice of three months on the condition that the Government servant shall not apply for commutation of a part of his pension before the expiry of the period of notice of three months. |
(4) Government servant, who has elected to retire under this rule and has given the necessary notice to that effect to the appointing authority, shall be precluded from withdrawing his notice except with the specific approval of such authority :
Provided that the request for withdrawal shall be made before the intended date of his retirement.
(5) Omitted vide notification GSR No.928 (E), dated 21st December, 2012 [F.No.38/80/08-P&PW(A)]
(6) This rule shall not apply to a Government servant who -
| (a) | retires under Rule 29, or |
| (b) | retires from Government service for being absorbed permanently in an autonomous body of a public sector undertaking to which he is on deputation at the time of seeking voluntary retirement. |
EXPLANATION. - For the purpose of this rule the expression "appointing authority" shall mean the authority which is competent to make appointments to the service or post from which the Government servant seeks voluntary retirement.
Footnote : 1. Deleted by G.I., Dept. of Per. & A.R., Notification No. 32/2/83-Pension Unit, dated the 26th August, 1983. Takes effect from the 10th September, 1983.
2. Inserted by G.I., Dept. of Per. & A.R., Notification No. 31/3/80-Pension Unit, dated the 5th March, 1981.
3. Inserted by G.I., M.F., Notification No. 7(2)-E.V(A)/73,dated 28th November,1978.
4. Inserted by G.I., Dept. of P. & P.W., Notification No. 38/15/85-Pension Unit, dated the 1st July, 1985, published as S.O. No. 3324 in the Gazette of India, dated the 20th July, 1985 and takes effect from that date.
5. Substituted vide G.I., Dept. of P. & P.W., Notification No. 2/18/87 P. & P.W. (PIC), dated the 20th July, 1988. Published as S.O. No. 2388 in the Gazettee of India, dated the 6th August, 1988.
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48A. GOVERNMENT OF INDIA'S DECISIONS
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(1) Instructions to regulate voluntary retirement. - The following instructions will regulate the voluntary retirement of Central Government servants :-
(i) Retirement without returning to duty while on Leave not due. - If a Government servant retires under the scheme of voluntary retirement while he is on leave not due, without returning to duty, the retirement shall take effect from the date of commencement of the leave not due and the leave salary paid in respect of such leave not due shall be recovered as provided in Rule 31 of the CCS (Leave) Rules, 1972.
(ii) Verification of qualifying service before giving notice. - Before a Government servant gives notice of voluntary retirement with reference to Rule 48-A, of CCS(Pension) Rules 1972 he should satisfy himself by means of a reference to the appropriate administrative authority that he has, in fact, completed twenty years' service qualifying for pension.
In order to ensure the correctness of the length of qualifying service for pension under the new scheme, it has been decided that the instructions contained in DP & AR's OM-No 25013/14/77-estt(A) dated 5th January 1978, as amended from time to time, shall be followed.
(iii) Guidelines for acceptance of notice. - A notice of voluntary retirement given after completion of twenty years' qualifying service will require acceptance by the appointing authority if the date of retirement on the expiry of the notice would be earlier than the date on which the Government servant concerned could have retired voluntarily under the existing rules applicable to him [e.g., FR 56 (k), Rule 48 of the CCS(Pension) Rules,1972, Article 459 of CSRs or any other similar rule]. Such acceptance may be generally given in all cases except those (a) in which disciplinary proceedings are pending or contemplated against the Government servant concerned for the imposition of a major penalty and the disciplinary authority, having regard to the circumstances of the case, is of the view that the imposition of the penalty of removal or dismissal from service would be warranted in the case, or (b) in which prosecution is contemplated or may have been launched in a Court of Law against the Government servant concerned. If it is proposed to accept the notice of voluntary retirement even in such cases, approval of the Minister-in-charge should be obtained in regard to Group `A' and Group `B' Government servants and that of the Head of the Department in the cases of Group `C' and Group `D' Government servants. Even where the notice of voluntary retirement given by a Government servant requires acceptance by the appointing authority, the Government servant giving notice may presume acceptance and the retirement shall be effective in terms of the notice unless, the competent authority issues an order to the contrary before the expiry of the period of notice.
(iv) Pension subject to future good conduct. - The pension will be subject to the provisions of Rules 8 and 9 of CCS(Pension) Rules, 1972.these Rules.
(v) Availing leave standing to credit along with notice period. - A Government servant giving notice of voluntary retirement may also apply, before the expiry of the notice, for the leave standing to his credit which may be granted to him to run concurrently with the period of notice.
[G.I., Dept. of Per. & A.R., O.M. No. 25013/7/77-Estt. (A), dated the 26th August, 1977, O.M. No. 25013/3/79-Ests. (A), dated the 28th July, 1979 and O.M. No. 25013/10/85-Estt. (A), dated the 5th July, 1985, DP & T 's OM No. 25013/3/2003-Estt. A dated 17th June 2003
Extra-ordinary leave is not termed as leave standing to his credit and therefore, it can not run correctly with the period of notice given by him for seeking voluntary Retirement. In case, a Government servant applies for voluntary Retirement while already on extra-ordinary leave other than on medical ground, the notice period need not be insisted upon and has request may be accepted with immediate effect provided he is clear from vigilance angle. However, If a Government servant while already on extra-ordinary leave on medical ground, applied for voluntary retirement, the notice period , if any given may be accepted and he may be allowed to retire after the expiry of the notice period subject to vigilance clearance.
2. Temporary employees are also eligible to seek volunteer Retirement on completion of 20 years qualifying service refer tp Rule 10 of CCS(TS) Rules, 1965.
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148-B. Addition to qualifying service on voluntary retirement
Omitted vide notification GSR No.928 (E), dated 21st December, 2012 [F.No.38/80/08-P&PW(A)]
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1[48-C. Addition to qualifying service in the case of Pioneers in General Reserve Engineers Force
Omitted vide notification GSR No.928 (E), dated 21st December, 2012 [F.No.38/80/08-P&PW(A)]
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49. Amount of Pension
5[ (1) In the case of a Government servant retiring in accordance with the provisions of these rules before completing qualifying service of ten years, the amount of service gratuity shall be calculated at the rate of half month's emoluments for every completed six monthly period of qualifying service.
{(1A) The dearness allowance admissible on the date of retirement shall also be treated as emoluments for the purpose of sub-rule (1).} Inserted vide notification GSR No.928 (E), dated 21st December, 2012 [F.No.38/80/08-P&PW]
| (2) | [In the case of a Government servant retiring in accordance with the provisions of these rules after completing qualifying service of not less than ten years, the amount of pension shall be calculated at fifty per cent of emoluments or average emoluments, whichever is more beneficial to him, subject to a minimum of three thousand and five hundred rupees per mensem and maximum of forty-five thousand rupees per mensem.]; Substituted vide notification GSR No.928 (E), dated 21st December, 2012 [F.No.38/80/08-P&PW] | |
| (2A) | In addition to pension admissible in accordance with sub-rule (2), after completion of eighty years of age or above, additional pension shall be payable to the retired Government servant in the following manner:- | |
| Age of Pensioner | Additional pension | |
| From 80 years to less than 85 years | 20% of basic pension | |
| From 85 years to less than 90 years | 30% of basic pension | |
| From 90 years to less than 95 years | 40% of basic pension | |
| From 95 years to less than 100 years | 50% of basic pension | |
| 100 years or more | 100% of basic pension | |
| *substituted vide notification GSR No.928 (E),dated 21st December, 2012 [F.No.38/80/08-P&PW] | ||
2(3) In calculating the length of qualifying service, fraction of a year equal to 3[three months] and above shall be treated as a completed one half-year and reckoned as qualifying service.
2(4) The amount of pension finally determined under Clause (a) or Clause (b) of sub-rule (2), shall be expressed in whole rupees and where the pension contains a fraction of a rupee it shall be rounded off to the next higher rupee.
4(5) & (6) Deleted
Footnote : 1. Substituted vide G.I., Dept. of P. & P.W., Notification No. 2/18/87-P. & P.W. (PIC), dated the 20th July, 1988. Published as S.O. No. 2388 in the Gazette of India, dated the 6th August, 1988. Takes effect from 1st January, 1986.
2. Substituted by G.I., Dept. of Per. & A.R., Notification No. F. 38 (4)-Pen. (A)/80, dated the 8th August, 1980.
3. Substituted by G.I., Dept. of Per. & A.R., Notification No. 32/4/83-Pension Unit, dated the 26th August, 1983. Takes effect from 28th June 1983.
4. Deleted by G.I., Dept. of Per. & A.R., Notification No. F. 38 (4)-Pen. (A)/80, dated the 8th August, 1980.
5. Substituted vide G.I., Dept. of P. & P.W., Notification No. 2/18/87-P. & P.W. (PIC), dated the 20th July, 1988. Published as S.O. No. 2388 in the Gazette of India, dated the 6th August, 1988. Takes effect from 1st January, 1986.
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49. GOVERNMENT OF INDIA'S DECISIONS
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(1) Final amount of service gratuity to be rounded off to the next higher rupee. - With a view to simplifying the procedure for payment of service gratuity as admissible under Rule 49 (1) of the CCS (Pension) Rules, 1972, it has been decided that the amount of service gratuity as finally calculated should be rounded off to the next higher rupee.
[G.I., Dept. of P. & P.W., O.M. No. 7 (12)/85-P. & P.W., dated the 30th September, 1986.]
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(2) Three months and above but less than six months treated as one - half year. - The intention of sub-rule (3) of Rule 49 is that the period of three months and above but less than six months would be treated as a completed one-half year and reckoned as qualifying service for determining of pension. The period of nine months would, therefore, be two half years.
[D.O. No. 28 (15)/83-PU, dated the 13th October, 1983, from Shri K.S. Mahadevan, Under Secretary to the Government of India, Ministry of Home Affairs, addressed to Shri P. Muthuswamy.]
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(3) Rounding off of pension/family pension when payable to more than one person/payable for part of a month. - 1. Rule 49 and 54 (2-A) of CCS (Pension) Rules, 1972, provide for fixation of pension and family pension at monthly rates and its expression in whole rupees where the pension contains a fraction of a rupee. A question was raised as to the manner in which family pension/pension in the following cases is to be rounded off :-
| (a) | In respect of family pension where the pension is payable to more than one person each share containing a fraction of a rupee ; and |
| (b) | In respect of pension paid for a part of a month due to the death of a pensioner or for any other reasons where pension and relief thereon becomes payable in fraction of a rupee. |
2. The matter has been examined in consultation with Department of Pension and PW and it is clarified that in respect of (a) above each share of family pension resulting in a fraction of a rupee may be rounded off to next higher rupee except in cases where family pension, if all the shares are put together exceed the maximum limit of family pension admissible. However in the exceptional and rare cases where the shares of family pension rounded as above when added cause an excess over the maximum limit, such cases should be referred to the Department of Pension and PW and decided in consultation with that Department.
In respect of (b) above also the payment of pension for part of a month if worked out in fraction of a rupee may be rounded off to the next higher rupee.
[G.I., M.F., O.M. No. G-19011/2/90-MF-CGA/Pen./635, dated the 9th October, 1990.]
Clarification. - *** The matter has been re-examined in consultation with the Department of Pension and Pensioners' Welfare and it is clarified that the expression, "maximum family pension" should be understood to mean not the whole amount of family pension payable in each case but the maximum family pension admissible under the rules, i.e., Rs. 1,250 at ordinary rates and Rs. 2,500 at enhanced rates. The cases of family pension may, therefore, be decided accordingly before making reference to the Department of Pension and Pensioners' Welfare.
[G.I., M.F., O.M. No. G. 19011/2/90-MF-CGA/Pension/605, dated the 8th December, 1992.]
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(4) Minimum and Maximum amount of pension enhanced from 1-1-1996
(a) DP&PW's O.M. No. F. 45/86/97-P&PW(A) Part-I dated 27-10-1997
(b) DP&PW's O.M. No. 45/10/98-P&PW(A) dated 17th December 1998.
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(5) Minimum pension of Rs. 1275/- to be applied separtely for Civil Pension & Military Pension for re-employed Military Pensioners.
DP&PW's O.M. No. 38/38/02-P&PW(A) dated 23-4-03
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(6) From 1-4-2004, Dearness Relief equal to 50% treated as Dearness Pension.
DP&PW's O.M. No. 42/2/2004-P&PW(G) dated 15.3.2004.
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150. Retirement/Death Gratuity
| (1) | (a) | A Government servant, who has completed five years' qualifying service and has become eligible for service gratuity or pension under Rule 49, shall, on his retirement, be granted 1[retirement gratuity] equal to one-fourth of his emoluments for each completed six monthly period of qualifying service, subject to a maximum of 16� times the emoluments. |
| 1[(b) | If a Government servant dies while in service, the death gratuity shall be paid to his family in the manner indicated in sub-rule (1) of Rule 51 at the rates given in the Table below, namely:- |
| Length of qualifying service | Rate of death gratuity | |||
| (i) | Less than 1 year | ... | ... | 2 times of emoluments. |
| (ii) | One year or more but less than 5 years | ... | ... | 6 times of emoluments. |
| (iii) | 5 years or more but less than 20 years | ... | ... | 12 times of emoluments. |
| (iv) | 20 years or more | ... | ... | Half of emoluments for every completed six-monthly period of qualifying service subject to a maximum of 33 times of emoluments. |
Provided that the amount of retirement gratuity or death gratuity payable under this rule shall in no case exceed 2[ten lakh rupees;]
Provided further that where the amount of retirement or death gratuity as finally calculated contains a fraction of a rupee, it shall be rounded off to the next higher rupee.]
(2) If a Government servant, who has become eligible for a service gratuity or pension, dies within five years from the date of his retirement from service including compulsory retirement as a penalty and the sums actually received by him at the time of his death on account of such gratuity or pension including ad hoc increase, if any, together with the 2[ ] retirement gratuity admissible under sub-rule (1) and the commuted value of any portion of pension commuted by him are less than the amount equal to 12 times of his emoluments, a residuary gratuity equal to the deficiency may be granted to his family in the manner indicated in sub-rule (1) of Rule 51.
3(3) Deleted
4(4) Deleted.
(5) The emoluments for the purpose of gratuity admissible under this rule, 5[ ] shall be reckoned in accordance with Rule 33:
6[Provided that if the emoluments of a Government servant have been reduced during the last ten months of his service otherwise than as a penalty, average emoluments as referred to in Rule 34 shall be treated as emolument.]
7(Prvided further that the dearness allowanceadmissible on the date of retirement or death as the case maybe, shall also be treted as emoluments for the purpose of this rule)
(6) For the purposes of this rule and Rule 51,52 and 53, `family', in relation to a Government servant, means -
| (i) | wife or wives 7[including judicially separated wife or wives] in the case of a male Government servant, | |
| (ii) | husband, 7[including judicially separated husband] in the case of a female Government servant, | |
| (iii) | sons including stepsons and adopted sons, | |
| (iv) | unmarried daughters including stepdaughters and adopted daughters, | |
| (v) | widowed daughters including stepdaughters and adopted daughters, | |
| (vi) | father, | including adoptive parents in the case of individuals whose personal law permits adoption, |
| (vii) | mother, | including adoptive parents in the case of individuals whose personal law permits adoption, |
| (viii) | brothers below the age of eighteen years including stepbrothers, | |
| (ix) | unmarried sisters and widowed sisters including stepsisters, | |
| (x) | married daughters, and | |
| (xi) | children of a pre-deceased son. | |
Footnote ; 1.Substituted vide G.I., Dept. of P. & P.W., Notification No. 2/18/87-P. & P.W. (PIC), dated the 20th July, 1988, published in the Gazette of India as S.O. No. 2388, dated the 6th August, 1988. Takes effect from the 1st January, 1986.
2. Substituted by G.I., Dept. of Pen. & P.W., Notification No.38/80/08-P&PW(A) dated 8th June 2011 published in Gazette of India as GSR No. 176 dated 11 June 2011.
3. Deleted by G.I., Dept. of P. & P.W., Notification No. 2/18/87-P. & P.W. (PIC), dated the 20th July, 1988, published in the Gazette of India as S.O. No. 2388, dated the 6th August, 1988.
4. Deleted by G.I., Dept. of Per. & A.R., Notification No. 6 (1) Pension (A)/79, dated the 19th May, 1980.
5. Deleted by G.I., Dept. of P. & P.W., Notification No. 2/18/87-P. & P.W. (PIC), dated the 20th July, 1988, published in the Gazette of India as S.O. No. 2388, dated the 6th August, 1988.
6. Substituted by G.I., Dept. of Per. & A.R., Notification No. 6 (1), Pen. (A)/79, dated the 19th May, 1980.
7. Inserted by G.I., Dept. of Pen. & P.W., Notification No.38/80/08-P&PW(A) dated 8th June 2011 published in Gazette of India as GSR No. 176 dated 11 June 2011.
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50. GOVERNMENT OF INDIA'S DECISIONS
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(1) Rounding off qualifying service of more than three months into a completed six-monthly period applies to both Pension and Death/Retirement Gratuity. - Point of doubt : Rule 49 (3) of Pension Rules provide for treating a period of service of more than three months as completed six-monthly period of purpose of calculation of pension, but a similar provision is not available under Rule 50 ibid.
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(2) Benefits admissible in cases of suicide also. - The Pension Rules do not prohibit the grant of family pension/death gratuity to the family of a Government servant who commits suicide.
[G.I., M.F., Letter No. F. 29 (2)-E. V/56, dated the 11th September, 1956.]
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(3) Exemption of Death/Retirement Gratuity from income tax. - Death/Retirement gratuity under these rules or under any similar schemes of State Government is exempt from income tax.
[Sec. 10(10) (i) of the Income Tax Act, 1961.]
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(4) Determination of Death Gratuity when service records are incomplete. - (i) If the deceased Government servant had, at the time of death, rendered more than five years qualifying service but less than twenty years qualifying service, and the spell of last five years service has been verified and accepted by the Head of Office, the amount of death gratuity shall be equal to 12 times of deceased Government servant's emoluments as indicated in clause (b) of sub-rule (1) of Rule 50. Where the verified and accepted service is less than five years of qualifying service, the amount of death gratuity shall be equal to twice or six times of his emoluments as indicated in clause (b) of sub-rule (1) of Rule 50.
(ii) If the deceased Government servant had rendered more than twenty years of service and the entire service is not capable of being verified and accepted, but the service for the last five years has been verified and accepted under sub-clause (i), the family of the deceased Government servant shall be allowed on provisional basis the death gratuity equal to 12 times of the emoluments. Final amount of the gratuity shall be determined by the Head of Office on the basis of the entire spell of service which may be verified and accepted by the Head of Office within a period of six months from the date on which the authority for the payment of provisional gratuity was issued. The balance, if any, becoming payable as a result of determination of the final amount of death gratuity shall then be authorised to the beneficiary or beneficiaries.
[G.I., M.F., O.M. No. F. 11 (9)-E. V (A)/77, dated the 15th February, 1979 - Para. 3 (B) amended.]
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(6) Extension of Retirement/Death Gratuity benefits to employees governed by CPF Scheme. - 1. Central Government employees who are subscribing to Contributory Provident Fund are not at present eligible for Death/Retirement Gratuity admissible to the employees on pensionable establishments. The Fourth Central Pay Commission have recommended that the benefit of Death/Retirement Gratuity may be extended to the Central Government employees governed by CPF Scheme on the same lines as it has been in operation in the case of Railway employees.
2. Orders are separately being issued that all CPF beneficiaries, who were in service on 1-1-1986, should be deemed to have come over to the Pension Scheme on and from that date unless they specifically opt out to continue under the CPF Scheme. In the case of Central Government employees who will continue under the CPF Scheme from 1-1-1986, it has been decided that they will be entitled to retirement gratuity and death gratuity at the same rate/scale as is admissible to temporary/quasi-permanent or permanent Government servants, as the case may be, borne on pensionable establishment.
3. These orders apply to all Civilian Central Government employees who are subscribing to the Contributory Provident Fund under the Contributory Provident Fund Rules (India), 1962. In the case of subscriber to other contributory provident funds, where similar provisions are not at present available, necessary orders will be issued by the respective administrative authorities. The concerned Administrative Ministries are advised to issue these orders is consultation with the Department of Pension and Pensioners' Welfare.
4. These orders do not apply to Central Government employees who, on re-employment, are allowed to subscribe to Contributory Provident Fund. These orders also do not apply to Central Government employees appointed on contract basis where the contribution to the Contributory Provident Fund is regulated in accordance with the terms of contract.
5. These orders issue with the concurrence of Ministry of Finance, Department of Expenditure, vide their U.O. No. 2038/JS (Pers)/87, dated 13-4-1987.
[G.I., Dept. of P. & P.W., O.M. No. 4/1/87-PIC-II, dated the 1st May, 1987.]
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(7) DA admissible on the date of retirement/death shall be treated as "emoluments" for all types of Gratuity under Rule 49 & 50 of CCS(P) Rules,1972 from 1-1-1996.
DP&PW's O.M. No. F. 45/86/97 - P & PW(A) Part I dated 27th October,1997 amended by O.M. of even number dated 4th December,2001
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(8) Maximum Limit of Gratuity raised to Rs. 3.50 lacs from 1-1-1996.
DP&PW's O.M. No. F. 45/86/97 - P & PW(A) Part I dated 27th October,1997and O.M. of even number dated 4-12-2001.
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51. Persons to whom gratuity is payable
| (1) | (a) | The gratuity payable under Rule 50 shall be paid to the person or persons on whom the right to receive the gratuity is conferred by means of a nomination under Rule 53; | |
| (b) | If there is no such nomination or if the nomination made does not subsist, the gratuity shall be paid in the manner indicated below - | ||
| (i) | if there are one or more surviving members of the family as in *[clauses (i), (ii), (iii), (iv) and (v)] of sub-rule (6) of Rule 50, to all such members in equal shares; | ||
| (ii) | if there are no such surviving members of the family as in sub-clause (i) above, but there are one or more members as in clauses *[(vi), (vii), (viii), (ix), (x) and (xi)] of sub-rule (6) of Rule 50, to all such members in equal shares. | ||
(2) If a Government servant dies after retirement without receiving the gratuity admissible under sub-rule (1) of Rule 50 the gratuity shall be disbursed to the family in the manner indicated in sub-rule (1).
(3) The right of a female member of the family, or that of a brother, of a Government servant who dies while in service or after retirement, to receive the share of gratuity shall not be affected if the female member marries or re-marries, or the brother attains the age of eighteen years, after the death of the Government servant and before receiving her or his share of the gratuity.
(4) Where gratuity is granted under Rule 50 to a minor member of the family of the deceased Government servant, it shall be payable to the guardian on behalf of the minor.
* Substitutd vide D/o. P&PW's Notificatin No.38/80/08-P&PW dated 8th June 2011 Published in Gazette of India as GSR 176 dated 8th June 2011
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51. GOVERNMENT OF INDIA'S DECISIONS
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(1) Share of a nominee who dies or becomes disqualified to be distributed equally among the others. - A question has been raised whether the shares of the members of the family of the deceased Government servant who are alive on the date of death of the Government servant, but die or become disqualified before the date on which the amount of the gratuity is actually disbursed, should be divided among the surviving members and the legal heirs of the members who in the meantime have died. The position in the matter is explained below -
Death/retirement gratuity is in the nature of a gift. Section 122 of the Transfer of Property Act, 1882, provides that if the donee of a gift dies before acceptance, the gift is void. In other words, the donee must be alive on the date of the gift and the representative of a person deceased at the date of the gift cannot take the gift from him. On this analogy the sanction of the gratuity in favour of a deceased person would also be void at law. It would not vest the gift in the pre-deceased donee and would not hence become part of his estate so as to pass on to his heirs by succession. It has accordingly been decided that, in the type of cases referred to, the share of the gratuity otherwise payable to a member of the family who has died or become disqualified before receiving actual payment, shall be distributed equally among the remaining members of the family.
Disbursing authorities should accordingly ascertain, before making actual payment of a death/retirement gratuity whether all the member of the family in whose favour the sanction was issued have continued to be qualified. If not, and if any of them is dead, the fact should be reported immediately to the sanctioning authority for the issue of a revised sanction in favour of the remaining members of the family.
[G.I., M.F., O.M. No. F. 48 (1)-E. V/58, dated the 5th May, 1958.]
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(3) Payment of minor's share of death/retirement gratuity to guardian. - 1. Payment of the minor(s)' share of death/retirement gratuity is to be made to the natural guardian of the minor(s), and in the absence of a natural guardian, to the person who furnishes a guardianship certificate.
2. In a case where payment of the minor(s)' share of death/retirement gratuity is to be made to the natural/legal guardian, in order to issue the necessary payment authority in his/her favour, the Accounts Officer concerned must know this fact, as well as the name of the natural/legal guardian. If the above information is not given in the sanction letter, the Accounts Officer has to make enquiries on this point from the sanctioning authority, resulting in avoidable delay in the payment of death/retirement gratuity. To obviate such delays, the Ministry of Home Affairs, etc., are requested to ensure that in future in all cases of this nature the aforesaid particulars are given in the sanction letter itself.
3. The legal position as to whom the share of a minor in the capacity of minor's natural/legal guardian would be payable is explained as under -
| (1) | Where no valid nomination subsists : | ||
| (a) | When a share is payable to minor sons or minor unmarried daughters, it should be paid to the surviving parent except in the case when the surviving parent happens to be a Muslim lady. Where, however, there is no surviving parent, or the surviving parent is a Muslim lady, payment will have to be made to the person producing the guardianship certificate. | ||
| (b) | When a share is payable to widowed minor daughter(s), production of a guardianship certificate would be necessary. | ||
| (c) | If in a rare case the wife herself happens to be a minor, the death/retirement gratuity payable to her shall be paid to the person producing the guardianship certificate. | ||
| (d) | When the death/retirement gratuity becomes payable to a minor brother or a minor unmarried sister, the payment should be made to the father or, in his absence the mother of the beneficiary except in a case where the mother happens to be a Muslim lady. In this case too, if there is no surviving parent or the surviving parent happens to be a Muslim lady, the payment will have to be made to the person producing the guardianship certificate. If any share is payable to a widowed minor sister the production of guardianship certificate would be necessary. | ||
| (2) | Where a valid nomination subsists : | ||
| (a) | Where the nomination is in respect of one or more of the members of the family, the position stated against para. 3 (1) would apply. | ||
| (b) | Where there is no family, the nomination in favour of an illegitimate child or married sister would also be valid. The position would, therefore, be as follows :- | ||
| (i) | If the nominee is an illegitimate child, the share will be payable to the mother, and in her absence, the production of a guardianship certificate would be necessary. | ||
| (ii) | If the share is payable to a married minor girl, the share will be payable to the husband. | ||
[G.I., M.F., O.M. No. F. 24 (8)-E. V (A)/59, dated the 20th October, 1959.]
NOTE. - A surviving stepmother is not a natural guardian of the minor child, and is not, therefore, covered by the term `surviving parent' used in para. 3 (1) (a) above.
[G.I., M.F., O.M. No. F. 24 (8)-E. V/59, dated the 1st September, 1960.]
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(4) Special relaxation for payment of minor's share without guardianship certificate, up to the extent of Rs. 10,000. - 1. Decision No. (3) lays down that the payment of a minor's share of death/retirement gratuity is to be made to the person producing a guardianship certificate when there is no surviving parent or the surviving parent is a Muslim lady. It has been represented that in many cases, the production of guardianship certificate causes great inconvenience and entails delays in the settlement of the claims.
2. It has been decided in modification of the above decision that payment of death/retirement gratuity to the extent of Rs. 10,000 (or the first Rs. 10,000 where the amount payable exceeds Rs. 10,000) in favour of a minor may be made to his/her guardian, in the absence of a natural guardian, without the production of a formal guardianship certificate but subject to the production of an indemnity bond with suitable sureties to the satisfaction of the sanctioning authority. The balance in excess of Rs. 10,000, if any, would become payable on the production of a certificate of guardianship.
3. It is essential, however, that there should be adequate prima facie grounds for making payment as in paragraph 2 above, to the person claiming it. Such ground can exist only if he is shown by a sworn declaration to be a de facto guardian and his bona fides have been ascertained. Even if a guardian has not yet been appointed by the Court, if the minor and his property are in the custody of some person, such person is in law a de facto guardian. The authorities making the payment should, therefore, require the person who comes forward to claim payment on behalf of the minor, to satisfy them by an affidavit that he is in charge of the property of the minor and is looking after it or that, if the minor has no property other than the gratuity, the minor is in his custody and care. The affidavit so to be produced is in addition to the indemnity bond with suitable sureties.
4. The indemnity bond which is to be required to be produced by a de facto guardian of minor(s) for payment of death/retirement gratuity to the extent of Rs. 10,000 should be executed in the form appended below.
5. It has been decided that the stamp duty payable on the indemnity bond will be borne by the Government. The indemnity bond should, therefore, be executed on any durable plain paper.
6. The indemnity bond should be signed by the obligor and the surety/sureties or their respective attorneys appointed by power(s) of attorney. The indemnity bond on behalf of the President should be accepted by an officer duly authorised under Article 209 (1) of the Constitution.
[G.I., M.F's., O.M. No. 10 (3)-E. V (A)/61, dated the 29th June, 1971, O.M. No. F. 10 (6)-E. V (A)/65, dated the 11th February, 1966 and Dept. of P. & P.W's, O.M. No. 7/9/89-P. & P.W. (D), dated the 5th July, 1989.]
INDEMNITY BOND
KNOW ALL MEN by these presents that we (a)...............................(b)...................................the widow/son/brother, etc., of (c).........................deceased, resident of ....................................of .......................... and ...................... son/wife/daughter of .................. resident of ............................. the sureties for and on behalf of the Obligor (hereinafter called "the Sureties") are held firmly bound to the President of India (hereinafter called " the Government" ) in tthe sum of Rs........................ (Rupees...........................only) well and truly to be paid to the Government on demand and without a demur for which payment we bind ourselves and our respective heirs, executors, administrators, legal representatives, successors and assigns by these presents.
Signed this .................................day of ..............................two thousand and ...............................................
WHEREAS (c)..........................was at the time of his death in the employment of the Government/receiving a pension at the rate of Rs.......................(Rupees..............................only) per month from the Government.
AND WHEREAS the said (c).....................died on the .....................day of ..................... 20..... and there was due to him at the time of his death the sum of Rs.......................(Rupees .................................... only) for and towards share of his minor son/daughter in the death/retirement gratuity.
AND WHEREAS the Obligor claims to be entitled to the said sum as de facto guardian of the minor son/daughter of the said (c).......................but has not obtained till the date of these presents the certificate of guardianship from any competent Court of Law in respect of the said minor(s).
AND WHEREAS the Obligor has satisfied the (e).............................that he/she is entitled to the aforesaid sum and that it would cause undue delay and hardship if the Obligor be required to produce the certificate of guardianship from the competent Court of Law before payment to him of the said sum of Rs................................
AND WHEREAS the Government has no objection to the payment of the said sum to the Obligor but under Government Rules and Orders, it is necessary for the Obligor to first execute a bond with one surety/two sureties to indemnify the Government against all claims to the amount so due as aforesaid to the said (c).....................before the said sum can be paid to the Obligor.
AND WHEREAS the Obligor and at his/her request the surety/sureties have agreed to execute the bond in the terms and manner hereinafter contained.
NOW THE CONDITION OF THIS BOND is such that if after payment has been made to the Obligor, the Obligor and/or the surety/sureties shall in the event of a claim being made by any other person against the Government with respect to the aforesaid sum of Rs. refund to the Government the said sum of Rs.............................and shall otherwise indemnify and keep the Government harmless and indemnified against and from all liabilities in respect of the aforesaid sum and all costs incurred in consequence of the claim thereto THEN the above written bond or obligation shall be void and of no effect but otherwise it shall remain in full force, effect and virtue.
AND THESE PRESENTS ALSO WITNESS that the liability of the sureties hereunder shall not be impaired or discharged by reason of time being granted by or any forbearance act or omission of the Government whether with or without the knowledge or consent of the surety/sureties in respect of or in relation to the obligations or conditions to be performed or discharged by the Obligor or by any other method or thing whatsoever which under the law relating to sureties, shall but for this provision have the effect of so relating the surety/sureties from such liability nor shall it be necessary for the Government to sue the Obligor before suing the surety/sureties or either of them for the amount due hereunder, and the Government agrees to bear the stamp duty, if any, chargeable on these presents.
IN WITNESS WHEREOF the Obligor and the surety/sureties hereto have set and subscribed their respective hands hereunto on the day, month and year above written.
Signed by the abovenamed `Obligor' in the presence of
| 1. | ...................................................... |
| 2. | ...................................................... |
Signed by the abovenamed `Surety/Sureties'
| 1. | ...................................................... |
| 2. | ...................................................... |
Accepted for and on behalf of the President of India by
..............................................................................................................................................................................................
[Name and designation of the Officer directed or authorised, in pursuance of Article 299 (1) of the Constitution, to accept the bond for and on behalf of the President] in the presence of
.............................................................................................................................................................................................
(Name and designation of witness)
| NOTE 1. - | (a) | Full name of the claimant referred to as the `Obligor'. |
| (b) | State relationship of the Obligor to the deceased. | |
| (c) | Name of the deceased Government Officer. | |
| (d) | Full name or names of the sureties with name or names of the father(s)/husband(s) and place of residence. | |
| (e) | Designation of the officer responsible for payment. | |
| NOTE II. - | The Obligor as well as the sureties should have attained majority so that the bond may have legal effect or force. | |
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151-A. Debarring a person from receiving gratuity
(1) If a person who in the event of death of a Government servant while in service is eligible to receive gratuity in terms of Rule 51, is charged with the offence of murdering the Government servant or for abetting in the commission of such an offence, his claim to receive his share of gratuity shall remain suspended till the conclusion of the criminal proceedings instituted against him.
(2) If on the conclusion of the criminal proceedings referred to in sub-rule (1), the person concerned -
| (a) | is convicted for the murder or abetting in the murder of the Government servant, he shall be debarred from receiving his share of gratuity which shall be payable to other eligible members of the family, if any, |
| (b) | is acquitted of the charge of murdering or abetting in the murder of the Government servant, his share of gratuity shall be payable to him. |
(3) The provisions of sub-rule (1) and sub-rule (2) shall also apply to the undisbursed gratuity referred to in sub-rule (2) of Rule 51.
Footnote : 1. Inserted by G.I., Dept. of Per. & A.R., Notification No. 1 (5)-E. V (B)/Pen. (A)/78, dated the 25th August, 1980.
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252 Lapse of 3[retirement gratuity/death gratuity]
Where a Government servant dies while in service or after retirement without receiving the amount of gratuity and leaves behind no family and -
| (a) | has made no nomination, or |
| (b) | the nomination made by him does not subsist, |
the amount of 3[retirement gratuity/death gratuity] payable in respect of such Government servant 4[under Rule 50 shall lapse to the Government :
Provided that the amount of death grauity/retirement gratuity shall be payable to the person in whose favour a Succession Certificate in respect of the gratuity in question has been granted by a Court of Law].
Footnote : 2. Substituted by G.I., M.F., Notification No. 6 (8)-E. V (A)/73, dated the 25th January, 1974.
3. Substituted vide G.I., Dept. of P. & P.W., Notification No. 2/18/87-P. & P.W. (PIC), dated the 20th July, 1988. Published as S.O. No. 2388 in the Gazette of India , dated the 6th August, 1988.
4. Substituted vide G.I., Dept. of P. & P.W., Notification No. 7/6/88-P. & P.W. (D), dated the 6th April, 1989, published as S.O. No. 970 in the Gazette of India, dated the 6th May, 1989.
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53. Nominations
(1) A Government servant shall, on his initial confirmation in a service or post, make a nomination in Form 1 or 2, as may be, as appropriate in the circumstances of the case, conferring on one or more persons the right to receive the 3[retirement gratuity/death gratuity] payable under Rule 50 :
Provided that if at the time of making the nomination -
| (i) | the Government servant has a family, the nomination shall not be in favour of any person or persons other than the members of his family ; or |
| (ii) | the Government servant has no family, the nomination may be made in favour of a person or persons, or a body of individuals, whether incorporated or not. |
(2) If a Government servant nominates more than one person under sub-rule (1), he shall specify in the nomination the amount of share payable to each of the nominees, in such manner as to cover the entire amount of gratuity.
| (3) | A Government servant may provide in the nomination - | |
| (i) | that in respect of any specified nominee who predeceases the Government servant, or who dies after the death of the Government servant but before receiving the payment of gratuity, the right conferred on that nominee shall pass to such other person as may be specified in the nomination : | |
Provided that if at the time of making the nomination the Government servant has a family consisting of more than one member, the person so specified shall not be a person other than a member of his family :
Provided further that where a Government servant has only one member in his family, and a nomination has been made in his favour, it is open to the Government servant to nominate alternate nominee or nominees in favour of any person or a body of individuals, whether incorporated or not ;
| (ii) | that the nomination shall become invalid in the event of the happening of the contingency provided therein. |
(4) The nomination made by a Government servant who has no family at the time of making it, or the nomination made by a Government servant under the second proviso to clause (i) of sub-rule (3) where he has only one member in his family shall become invalid in the event of the Government servant subsequently acquiring a family, or an additional member in the family, as the case may be.
(5) A Government servant may, at any time, cancel a nomination by sending a notice in writing to the 1[Head of Office] :
Provided that he shall, along with such notice, send a fresh nomination made in accordance with this rule.
(6) Immediately on the death of a nominee in respect of whom no special provision has been made in the nomination under clause (i) of sub-rule (3) or on the occurrence of any event by reason of which the nomination becomes invalid in pursuance of clause (ii) of that sub-rule, the Government servant shall send to the 1[Head of Office] a notice in writing cancelling the nomination together with a fresh nomination made in accordance with this rule.
| 1(7) | (a) | Every nomination made (including every notice of cancellation, if any, given) by a Government servant under this rule, shall be sent to the Head of Office. |
| (b) | The Head of Office shall, immediately on receipt of such nomination countersign it indicating the date of receipt and keep it under his custody : |
Provided that the Head of Office may authorise his subordinate Gazetted Officers to countersign nomination forms of non-gazetted Government servants.
| (c) | Suitable entry regarding receipt of nomination shall be made in the service book of the Government servant concerned. |
(8) Every nomination made, and every notice of cancellation given, by a Government servant shall, to the extent that it is valid, take effect from the date on which it is received by the 1[Head of Office].
Footnote : 1. Substituted by G.I., Dept. of Per. & A.R., Notification No. 6 (1) Pen. (A)/79, dated the 19th May, 1980.
3. Substituted vide G.I., Dept. of P. & P.W., Notification No. 2/18/87-P. & P.W. (PIC), dated the 20th July, 1988. Published as S.O. No. 2388 in the Gazette of India , dated the 6th August, 1988.
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GOVERNMENT OF INDIA'S DECISION
Importance of nominations and their safe custody. - Nominations for death/retirement gratuity and related notices are important documents on the basis of which the claims of the beneficiaries have to be established and settled. Instances of cases have come to notice where nominations made by deceased officers and related papers were not traceable in the official records of the Head of the Office and were treated as lost. This defeats the very purpose underlying nominations and causes inconveniences and delay all round. To obviate the possibility of such losses in future, it has been decided that the nomination papers should, after counter-signature, be kept in a separate confidential file which should be lodged for safe keeping with the Head of Office or other responsible officer nominated by him for this purpose, and a clear note made in the service book of the officer as to what nominations and related notices have been received from him and where they have been lodged for safe custody, so that there should be no difficulty in locating the documents when the occasion for making a reference to them arises.
[G.I., M.F., O.M. No. F. 21 (4)-E. V/59, dated the 6th April, 1960.]
All Government servants should be advised that it would be in the interest of their nominees if they would preserve copies of the nominations made by them and of the related notices and acknowledgements, either in their personal custody or in safe deposit along with their other important personal documents, etc., where they may be expected to come into the possession of the beneficiaries in the event of their death.
[G.I., M.F., O.M. No. F. 8 (9)-E. V (1)/60, dated the 13th December, 1960.]
The need for observance of the above instructions cannot, perhaps, be overemphasized. The need for nomination arises consequent upon the death of a Government servant while in service or after retirement before receipt of the death/retirement gratuity. In those cases, where valid nominations already exist, the claims of the nominees are likely to be settled expeditiously as provided in sub-rule (1) (a) of Rule 51 of CCS (Pension) Rules, 1972. But in those cases, where no nominations have been filed or even if filed by the Government servant but lost in office due to lack of proper care, the gratuity is payable to the members of the family in the manner prescribed in sub-rule (1) (b) ibid. A number of cases have also come to notice of Government where Government servants having died without making any valid nominations, the surviving members of their families approach courts for grant of succession certificates in order to entitle them to their share of the gratuity. It may be clarified in this regard that payment of death/retirement gratuity to the members of family of a deceased Government servant is normally to be made according to the relevant service rules. While payment on the basis of a succession certificate would discharge Government's liability, a succession certificate does not necessarily create an obligation on the part of the Government to pay the amount. Such a claim can be resisted if it is otherwise not in order. Therefore, in order to save the families of the Government servants from the expenditure involved on the court fees for obtaining succession certificates and the inevitable delay which this process entails, the Government servants may be advised to file their nominations in the prescribed forms without fail.
The Ministries/Departments and offices concerned are also requested to review the service records of all their employees and ensure that nominations have been obtained from all the Government servants, necessary entries made in their service books as laid down in the orders referred to above and the relevant records preserved properly to avoid such situations.
[G.I., M.F., O.M. No. 7 (5)-E. V (B)/74, dated the 22nd January, 1975.]
Clarification by Ministry of Law
The intention in calling upon the claimants to obtain succession certificate is to get a legal document from the competent court so that the claims of the rival parties can be settled once for all. This is a document which will enable the Department to pay the dues, etc., to the rightful claimant. If the Department is not satisfied with the legal right of the claimant, they have got every right to approach the competent court to decide the claims in accordance with the law. In other words, if the Department feels that the succession certificate has not been issued as per law then they have every right to follow up the procedure after reconsidering the nature.
However, we have dealt with the aspect in the above para. on the related aspect and Department is supposed to obtain legal opinion as and when a concrete case arises. If necessary, matter may be discussed.
[Min. of Law (Dept. of Legal Affairs), U.O. No. 23/26/88-Adv. (B), dated the 2nd August, 1988 and C. & A.G.'s Endst. No. 1513-A/(II)/88, dated the 23rd December, 1988.]
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54. Family Pension, 1964
(1) The provisions of this rule shall apply –
| (a) | to a Government servant entering service in a pensionable establishment on or after the 1st January, 1964; and | |
| (b) | to a Government servant who was in service on the 31st December, 1963 and came to be governed by the provisions of the Family Pension Scheme for Central Government Employees, 1964, contained in the Ministry of Finance, Office Memorandum No. 9 (16)-E. V (A)/63, dated the 31st December, 1963, as in force immediately before the commencement of these rules. |
NOTE. - The provisions of this rule will also extend, from 22nd September, 1977, to Government servants on pensionable establishments who retired/died before 31-12-1963, as also to those who were alive on 31-12-1963, but had opted out of 1964 Scheme.]
(2) Subject to the provisions of sub-rule 13-B and without prejudice to the provisions contained in sub-rule (3), where a Government servant dies -
(i) after completion of one year of continuous service; or
(ii) before completion of one year of continuous service, provided the deceased Government servant concerned immediately prior to his appointment to the service or post was examined by the appropriate medical authority and declared fit by that authority for Government service ; or
(iii) after retirement from service and was on the date of death in receipt of a pension, or compassionate allowance, referred to in these rules,
the family of the deceased shall be entitled to Family Pension (hereinafter in this rule referred to as family pension) under the Family Pension Scheme for Central Government Employees, 1964, the amount of which shall be determined at a uniform rate of 30% of basic pay subject to a minimum of three thousand and five hundred rupees per mensem and a maximum of twenty-seven thousand rupees per mensem.
EXPLANATION - The expression `one year of continuous service' wherever it occurs in this rule shall be construed to include `less than one year of continuous service' as defined in clause (ii).
(2-A) The amount of family pension shall be fixed at monthly rates and be expressed in whole rupees and where the family pension contains a fraction of a rupee, it shall be rounded off to the next higher rupee :
Provided that in no case a family pension in excess of the maximum prescribed under this rule shall be allowed.
(2B) In addition to family pension admissible in accordance with sub-rules (2), (2A) and (3), after completion of eighty years of age or above, additional family pension shall be payable in the following manner:-
| Age of family pensioner | Additional family pension |
| From 80 years to less than 85 years | 20% of basic family pension. |
| From 85 years to less than 90 years | 30% of basic family pension. |
| From 90 years to less than 95 years | 40% of basic family pension. |
| From 95 years to less than 100 years | 50% of basic family pension. |
| 100 years or more | 100% of basic family pension" ; |
Footnote: sub-rule (2) substituted and sub-rule (2B) inserted vide Notification No.38/80/2008-P&PW(A), dated 8th June, 2011, published as GSR 176, dated the 11th June, 2011.
(3) (a) (i) Where a Government servant, who is not governed by the Workmen's Compensation Act, 1923 (8 of 1923), dies while in service after having rendered not less than seven years' continuous service, the rate of family pension payable to the family shall be equal to 50 per cent of the pay last drawn and the amount so admissible shall be payable from the date following the date of death of the Government servant for a period of ten years.
(ii) In the event of death of a Government servant after retirement, the family pension as determined under sub-clause (i) shall be payable for a period of seven years, or for a period up to the date on which the retired deceased Government servant would have attained the age of 67 years had he survived, whichever is less:
Provided that in no case the amount of family pension determined under sub-clause (ii) shall exceed the pension authorised on retirement from Government service :
Provided further that where the amount of pension authorised on retirement is less than the amount of family pension admissible under sub-rule (2), the amount of family pension determined under this clause shall be limited to the amount of family pension admissible under sub-rule (2).
EXPLANATION - For the purpose of this sub-clause, pension authorised on retirement includes the part of the pension which the retired Government servant may have commuted before death.
Footnote: Clause (a) of sub-rule (3) substituted vide Notification No.38/80/2008-P&PW(A), dated 8th June, 2011, published as GSR 176, dated the 11th June, 2011.
| 3 | (b) | (i) | Where a Government servant, who is governed by the Workmen's Compensation Act, 1923 (8 of 1923), dies while in service after having rendered not less than seven years' continuous service, the rate of family pension payable to the family shall be equal to 50 per cent of the pay last drawn or one and a half times the family pension admissible under sub-rule (2), whichever is less. |
| (ii) | The family pension so determined under sub-clause (i) shall be payable for the period mentioned in clause (a) : | ||
| Provided that where a compensation is not payable under the aforesaid Act, the Head of Office shall send a certificate to the Accounts Officer to the effect that the family of the deceased Government servant is not eligible for any compensation under the aforesaid Act and the family shall be paid family pension on the scale, and for the period, mentioned in clause (a). | |||
| (c) | After the expiry of the period referred to in clause (a), the family, in receipt of family pension under that clause or clause (b), shall be entitled to family pension at the rate admissible under sub-rule (2). | ||
(4) Where an award under the Central Civil Services (Extraordinary Pension) Rules 1939, is admissible, no family pension under this rule shall be authorised during the currency of award.
Footnote: sub-rule (4) substituted vide Notification No.38/80/2008-P&PW(A), dated 8th June, 2011, published as GSR 176, dated the 11th June, 2011.
(5) Deleted.
(6) The period for which family pension is payable shall be as follows:-
(i) subject to first proviso, in the case of a widow or widower, up to the date of death or re-marriage, whichever is earlier;
(ii) subject to second proviso, in the case of an unmarried son, until he attains the age of twenty-five years or until he gets married or until he starts earning his livelihood, whichever is the earliest;
(iii) subject to second and third provisos, in the case of an unmarried or widowed or divorced daughter, until she gets married or remarried or until she starts earning her livelihood, whichever is earlier;
(iv) subject to sub-rule (10-A), in the case of parents, who were wholly dependent on the Government servant immediately before the death of the Government servant, for life;
(v) Subject to sub-rule 10(B) and the fourth proviso, in the case of disabled siblings (i.e. brother and sister) who were dependent on the Government Servant immediately before the death of Government servant , for life:
Provided that family pension shall continue to be payable to a childless widow on re-marriage, if her income from all other sources is less than the amount of minimum family pension under sub-rule (2) of this rule and the dearness relief admissible thereon:
Provided further that if the son or daughter of a Government servant is suffering from any disorder or disability of mind including the mentally retarded or is physically crippled or disabled so as to render him or her unable to earn a living even after attaining the age of twenty-five years, the family pension shall be payable to such son or daughter for life subject to the following conditions, namely:-
(i) if such son or daughter is one among two or more children of the Government servant, the family pension shall be initially payable to the minor children (mentioned in clause (ii) or clause (iii) of this sub-rule) in the order set out in clause (iii) of sub-rule (8) of this rule until the last child attains the age of twenty-five and thereafter the family pension shall be resumed in favour of the son or daughter suffering from disorder or disability of mind, including the mentally retarded, or who is physically crippled or disabled and shall be payable to him or her, for life ;
(ii) if there are more than one such children suffering from disorder or disability of mind including the mentally retarded or who are physically crippled or disabled, the family pension shall be paid in the order of their birth and the younger of them will get the family pension only after the elder next above him or her ceases to be eligible
Provided that where the family pension is payable to such twin children it shall be paid in the manner set out in clause (d) of sub-rule (7) of this rule;
(iii) the family pension shall be paid to such son or daughter through the guardian as if he or she were a minor except in the case of the physically crippled son or daughter who has attained the age of majority ;
(iv) before allowing the family pension for life to any such son or daughter, the appointing authority shall satisfy that the handicap is of such a nature so as to prevent him or her from earning his or her livelihood and the same shall be evidenced by a certificate obtained from a Medical Board comprising of a Medical Superintendent or a Principal or a Director or Head of the Institution or his nominee as Chairman and two other members, out of which at least one shall be a Specialist in the particular area of mental or physical disability including mental retardation setting out, as far as possible, the exact mental or physical condition of the child;
(v) the person receiving the family pension as guardian of such son or daughter or such son or daughter not receiving the family pension through a guardian shall produce a certificate, from a Medical Board comprising of a Medical Superintendent or a Principal or a Director or Head of the Institution or his nominee as Chairman and two other members, out of which at least one shall be a Specialist in the particular area of mental or physical disability including mental retardation, once, if the disability is permanent and if the disability is temporary, once in every five years to the effect that he or she continues to suffer from disorder or disability of mind or continues to be physically crippled or disabled;
(vi) in the case of a mentally retarded son or daughter, the family pension shall be payable to a person nominated by the Government servant or the pensioner, as the case may be, and in case no such nomination has been furnished to the Head of Office by such Government servant or pensioner during his lifetime, to the person nominated by the spouse of such Government servant or family pensioner, as the case may be, later on and the Guardianship Certificate issued under section 14 of the National Trust Act,1999 (No.44 of 1999), by a local level Committee, shall also be accepted for nomination or appointment of guardian for grant of family pension in respect of person(s) suffering from Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities as indicated in the said Act:
Provided also that the grant or continuance of family pension to an unmarried or widowed or divorced daughter beyond the age of twenty-five years or until she gets married or re-married or until she starts earning her livelihood, whichever is the earliest, shall be subject to the following conditions, namely:-
(i) the family pension shall be initially payable to the minor children (mentioned in clause
(ii) or clause (iii) of this sub-rule) in the order set out in clause (iii) of sub-rule (8) of this rule until the last minor child attains the age of twenty-five years; and
(ii) there is no disabled child eligible to receive family pension in accordance with the second proviso of this sub-rule:
Provided also that such disabled siblings shall be eligible for family pension for life in the same manner and following the same disability criteria, as laid down in this rule in the case of son or daughter of the Government employees or pensioners suffering from any disorder or disability of mind (including mentally retarded) or physically crippled or disabled, so as to render him or her unable to earn a living even after attaining the age of twenty-five years.
EXPLANATION 1 .- An unmarried son or an unmarried or widowed or divorced daughter, except a disabled son or daughter shall become ineligible for family pension under this sub-rule from the date he or she gets married or remarried.
Footnote: The word "daughter" substituted by the words "daughter, except a disabled son or daughter" vide Notification No.1/33/2012-P&PW(E), dated 27th December, 2012, published as GSR 938 (E), dated the 28th December, 2012.
EXPLANATION 2 .- The family pension payable to such a son or a daughter or parents or siblings shall be stopped if he or she or they start earning his or her or their livelihood.
EXPLANATION 3 .- It shall be the duty of son or daughter or siblings or the guardian to furnish a certificate to the Treasury or Bank, as the case may be, once in a year that, (i) he or she has not started earning his or her livelihood, and (ii) he or she has not yet married or remarried and a similar certificate shall be furnished by a childless widow after her re-marriage or by the disabled son or daughter or by parents to the Treasury or Bank, as the case may be, once in a year that she or he or they have not started earning her or his or their livelihood.
Footnote: The words "her remarriage or parents" substituted by the words "her re-marriage or by the disabled son or daughter or by parents " vide Notification No.1/33/2012-P&PW(E), dated 27th December, 2012, published as GSR 938 (E), dated the 28th December, 2012.
EXPLANATION 4 .- For the purpose of this sub-rule, a member of the family shall be deemed to be earning his or her livelihood if his or her income from other sources is equal to or more than the minimum family pension under sub-rule (2) of this rule and the dearness relief admissible thereon.
EXPLANATION 5 .- Parent shall be deemed to be dependent on the Government servant if their combined income is less than the minimum family pension under sub-rule (2) of this rule and the dearness relief admissible thereon.
EXPLANATION 6 - Disabled sibling shall be deemed to be dependent on the Government servant if their income is less than the minimum family pension admissible under sub-rule (2) of this rule and dearness relief thereon.
EXPLANATION 7 - Family pension payable to a childless widow shall be stopped if, after re-marriage, her income from all other sources becomes equal to or exceeds the amount of minimum family pension under sub-rule (2) of this rule and the dearness relief admissible thereon.
Footnote: sub-rule (6) substituted vide Notification No.38/80/2008-P&PW(A), dated 8th June, 2011, published as GSR 176, dated the 11th June, 2011.
| (7) | (a) | (i) | Where the family pension is payable to more widows than one, the family pension shall be paid to the widows in equal shares. |
| (ii) | On the death of a widow, her share of the family pension shall become payable to her eligible child : |
Provided that if the widow is not survived by any child, her share of the family pension shall not lapse but shall be payable to the other widows in equal shares, or if there is only one such other widow, in full, to her.
| (b) | Where the deceased Government servant or pensioner is survived by a widow but has left behind eligible child or children from another wife who is not alive, the eligible child or children shall be entitled to the share of family pension which the mother would have received if she had been alive at the time of the death of the Government servant or pensioner. |
Provided that on the share or shares of family pension payable to such a child or children or to a widow or widows ceasing to be payable, such share or shares shall not lapse, but shall be payable to the other widow or widows and/or to other child or children otherwise eligible, in equal shares, or if there is only one widow or child, in full, to such widow or child.
| (c) | Where the deceased Government servant or pensioner is survived by a widow but has left behind eligible child or children from a divorced wife or wives the eligible child or children shall be entitled to the share of family pension which the mother would have received at the time of the death of the Government servant or pensioner had she not been so divorced. |
Provided that on the share or shares of family pension payable to such a child or children or to a widow or widows ceasing to be payable, such share or shares, shall not lapse, but shall be payable to the other widow or widows and/or to the other child or children otherwise eligible, in equal shares, or if there is only one widow or child, in full, to such widow or child.
(d) where the family pension is payable to twin children it shall be paid to such children in equal shares :
Provided that when one such child ceases to be eligible his/her share shall revert to the other child and when both of them cease to be eligible the family pension shall be payable to the next eligible single child/twin children.
| (8) | (i) | Except as provided in sub-rule (7), the family pension shall not be payable to more than one member of the family at the same time. |
| (ii) | If a deceased Government servant or pensioner leaves behind a widow or widower, the family pension shall become payable to the widow or widower, failing which to the eligible child. |
(iii) family pension to the children shall be payable in the order of their birth and the younger of them will not be eligible for family pension unless the elder next above him/her has become ineligible for the grant of family pension :
Provided that where the family pension is payable to twin children it shall be paid in the manner set out in clause (d) of sub-rule (7) of this rule.
(9) Where a deceased Government servant or pensioner leaves behind more children than one, the eldest eligible child shall be entitled to the family pension for the period mentioned in clause (ii) or clause (iii) of sub-rule (6), as the case may be, and after the expiry of that period the next child shall become eligible for the grant of family pension.
(10) Where family pension is granted under this rule to a minor, it shall be payable to the guardian on behalf of the minor.
(10-A)(a) Family pension to the parents shall be payable if the parents were wholly dependent on the Government servant immediately before his or her death and the deceased Government servant is not survived by a widow or an eligible child.
(b) The family pension, wherever admissible to parents, will be payable to the mother of the deceased Government servant failing which to the father of the deceased Government servant.
(10-B) Family pension to the dependent disabled siblings shall be payable if the siblings were wholly dependent upon the Government servant immediately before his or her death and deceased Government servant is not survived by a widow or an eligible child or eligible parents.
Footnote: sub-rules (10-A) and (10-B) inserted vide Notification No.38/80/2008-P&PW(A), dated 8th June, 2011, published as GSR 176, dated the 11th June, 2011.
(11) In case both wife and husband are Government servants and are governed by the provisions of this rule and one of them dies while in service or after retirement, the family pension in respect of the deceased shall become payable to the surviving husband or wife and in the event of the death of the husband or wife, the surviving child or children shall be granted the two family pensions in respect of the deceased parents, subject to the limits specified below, namely, -
(a) (i) if the surviving child or children is or are eligible to draw two family pensions at the rate mentioned in sub-rule (3),the amount of both the family pensions shall be limited to forty-five thousand rupees per mensem;
(ii) if one of the family pensions ceases to be payable at the rate mentioned in sub-rule (3), and in lieu thereof the family pension at the rate mentioned in sub-rule (2) becomes payable, the amount of both the pensions shall also be limited to forty-five thousand rupees per mensem;
(b) if both the family pensions are payable at the rates mentioned in sub-rule (2), the amount of two family pensions shall be limited to twenty-seven thousand rupees per mensem.
Footnote: Clauses (a) and (b) of sub-rule (11) substituted vide Notification No.38/80/2008-P&PW(A), dated 8th June, 2011, published as GSR 176, dated the 11th June, 2011.
11-A Where a female Government servant or male Government servant dies leaving behind a judicially separated husband or widow and no child or children, the family pension in respect of the deceased shall be payable to the person surviving :
Provided that where in a case the judicial separation is granted on the ground of adultery and the death of the Government servant takes place during the period of such judicial separation, the family pension shall not be payable to the person surviving if such person surviving was held guilty of committing adultery .
11-B (a) Where a female Government servant or male Government servant dies leaving behind a judicially separated husband or widow with a child or children, the family pension payable in respect of deceased shall be payable to the surviving person provided he or she is the guardian of such child or children.
(b) Where the surviving person has ceased to be the guardian of such child or children, such family pension shall be payable to the person who is the actual guardian of such child or children.
(c) Subject to the proviso to or of sub-rule (11-A), after the child or children cease to be eligible for family pension under this rule, such family pension shall become payable to the surviving judicially separated spouse of the deceased Government Servant till his or her death or remarriage, whichever is earlier.
Footnote: Clause (c) of sub-rule (11-B) inserted vide Notification No.38/80/2008-P&PW(A), dated 8th June, 2011, published as GSR 176, dated the 11th June, 2011.
11-C (a) If a person, who in the event of death of a Government servant while in service, is eligible to receive family pension under this rule, is charged with the offence of murdering the Government servant or for abetting in the commission of such an offence, the claim of such a person, including other eligible member or members of the family to receive the family pension, shall remain suspended till the conclusion of the criminal proceedings instituted against him.
(b) If on the conclusion of the criminal proceedings referred to in clause (a), the person concerned –
| (i) | is convicted for the murder or abetting in the murder of the Government servant, such a person shall be debarred from receiving the family pension which shall be payable to other eligible member of the family, from the date of death of the Government servant, | |
| (ii) | is acquitted of the charge of murder or abetting in the murder of the Government servant, the family pension shall be payable to such a person from the date of death of the Government servant. |
(c) The provisions of clause (a) and clause (b) shall also apply for the family pension becoming payable on the death of a Government servant after his retirement.
| 12 | (a) | (i) | As soon as a Government servant enters Government service, he shall give details of his family in Form 3 to the Head of Office ; |
| (ii) | If the Government servant has no family, he shall furnish the details in Form 3 as soon as he acquires a family. | ||
| (b) | The Government servant shall communicate to the Head of Office any subsequent change in the size of his family, including the fact of marriage of his (deleted Notification No.38/80/2008-P&PW(A), dated 8th June, 2011, published as GSR 176, dated the 11th June, 2011) child. | ||
| (c) | As and when the disability referred to in proviso to sub-rule (6) of Rule 54 manifests itself in a child which makes him/her unable to earn his/her living, the fact should be brought to the notice of the Head of Office duly supported by a Medical Certificate from a Medical Officer, not below the rank of a Civil Surgeon. This may be indicated in Form 3 by the Head of Office. As and when the claim for family pension arises, the legal guardian of the child should make an application supported by a fresh medical certificate from a Medical Officer, not below the rank of Civil Surgeon, that the child still suffers from the disability. | ||
| (d) | (i) | The Head of Office shall, on receipt of the said Form 3 , get it pasted on the service book of the Government servant concerned and acknowledge receipt of the said Form 3 and all further communications received from the Government servant in this behalf. | |
| (ii) | The Head of Office on receipt of communication from the Government servant regarding any change in the size of family shall have such a change incorporated in Form 3 . | ||
| (e) | Deleted. | ||
(13) The ad hoc increase in pension, sanctioned in the Ministry of Finance, Office Memorandum No. 15 (13)-E. V. (A)/63, dated the 16th October, 1963, as amended from time to time, shall not be payable to the family in receipt of a family pension under this rule.
(13-A) and (13-B) Omitted Notification No.1/33/2012-P&PW(E), dated 27th December, 2012, published as GSR 938 (E), dated the 28th December, 2012.
(14) For the purposes of this rule, -
| (a) | "continuous service" means service rendered in a temporary or permanent capacity in a pensionable establishment and does not include - | ||
| (i) | period of suspension, if any ; and | ||
| (ii) | period of service, if any, rendered before attaining the age of eighteen years; | ||
| 1 [(b) | "family" in relation to a Government servant means - | ||
| (i) | wife in the case of a male Government servant, or husband in the case of a female Government servant. | ||
| (ii) | a judicially separated wife or husband, such separation not being granted on the ground of adultery and the person surviving was not held guilty of committing adultery. | ||
NOTE 1. - Deleted.
NOTE 2. - Deleted.
| (ii) | Unmarried son who has not attained the age of twenty-five years and unmarried or widowed or divorced daughter, including such son and daughter adopted legally"; | ||
| (iii) | dependent parents | ||
| (iv) | dependent disabled siblings (i.e., brother or sister) of a Government servant | ||
| (c) | "pay" means - | ||
| (i) | the emoluments as specified in Rule 33, or | ||
| (ii) | the average emoluments as referred to in Rule 34 if the emoluments of the deceased Government servant have been reduced during the last ten months of his service otherwise than as penalty : | ||
2[Provided that the element of dearness allowance which has been treated as dearness pay under the ministry of Finance, Department of Expenditure, Office Memorandum No. F. 19 (4)-E. V/79, dated the 25th May, 1979, shall not be treated as pay for the purpose of this rule.]
Footnote: sub-clause (ii) of clause (b) of sub-rule (14) substituted vide Notification No.38/80/2008-P&PW(A), dated 8th June, 2011, published as GSR 176, dated the 11th June, 2011.
(15) Nothing contained in this rule shall apply to –
| (a) | a re-employed Government servant who had retired before the 1st of January, 1964, from - | ||
| (i) | civil service on retiring pension or superannuation pension, or | ||
| (ii) | military service on retiring pension, service pension or invalid pension, and who, on the date of re-employment, had attained the age of superannuation applicable to the post in which he is re-employed ; | ||
| (b) | a military pensioner who retired from military service on or after the 1st January, 1964 and who on the date of re-employment in a civil service or civil post had attained the age of superannuation applicable to the post in which he is re-employed ; | ||
| (c) | Omitted vide Notification No.38/80/2008-P&PW(A), dated 8th June, 2011, published as GSR 176, dated the 11th June, 2011. | ||
(16) Omitted.
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54. GOVERNMENT OF INDIA'S DECISIONS
| Pension/gratuity payable to a lunatic |
| Procedure when a member of the family forgoes his claim |
| When the widow gives birth to an illegitimate child |
| Posthumous child entitled to pension |
| Payment of family pension payable to a minor to the de facto guardian on production of Indemnity Bond |
| Family pension throughout life admissible also to the physically/mentally handicapped children of those employees who retired/died before 30-9-1974 |
| Procedure for payment of family pension to handicapped children |
| Spouse of the deceased pensioner can furnish details of eligible children. |
| Production of guardianship certificate is necessary for payment of family pension to physically crippled/disabled minor children and children suffering from any disorder or disability of mind |
| Payment of retirement gratuity and family pension to the family, in case an official's whereabouts are not known |
| Family pension should be sanctioned from the date of lodging FIR or expiry of leave of the employee, whichever is later |
| Payment of retirement gratuity and family pension to the family in case an official's/pensioner's whereabouts are not known - further instructions |
| Second wife not entitled to the family pension as a legally wedded wife under the Hindu Marriage Act |
| When the husband declines to accept family pension in any capacity |
| Rounding off of pension/family pension when payable to more than one person payable for part of a month |
| Family pension to post-retiral spouses |
| Regulation of past cases of family pension admissible to children born after retirement |
| Endorsement of family pension entitlement of post-retiral spuses in the PPO - procedure for |
| Option for defence beneficiaries to draw family pension either from Defence or Civil source, whichever is more beneficial |
| In the event of death of a family pensioner, the arrears of family pension is payable to eligible member of the family next in line |
| Families of temporary/quasi-permanent Government servants retired on superannuation/invalidation on completion of 10 years service prior to 1-1-1986 eligible for Family Pension, 1964. |
| Family pension is admissible also to children from the void or voidable marriage |
| Family Pension shall be at a uniform rate of 30% of pay last drawn. |
| Dependent parents and widowed/divorced daughter also included in the definition of family. |
| Enhanced family pension admissible for seven years or up to age of 67 for those age of superannuation is 60 years. |
| Judicially separated spouse with children will get family pension after the children cease to be eligible |
| Eligibility of divorced/widowed daughter for grant of family pension. |
| Ceiling on two family pensions admissible to child/children of deceased Government servant under rule 54 (11) of the CCS (Pension) Rules, 1972 |
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(1) Pension/gratuity payable to a lunatic. - 1. When any sum is payable in respect of pay, pension, gratuity or other similar allowance to any person (by the Central Government or any State Government) and the person to whom the sum is payable is certified by a Magistrate to be lunatic, the Government Officer under whose authority such sum would be payable, if the payee were not a lunatic, may pay so much of the said sum as he thinks fit to the person having charge of the lunatic and may pay the surplus, if any, or such part thereof, as he thinks fit for the maintenance of such members of the lunatic's family as are dependent on him for maintenance.
2. The Government concerned, shall be discharged of all liability in respect of any amounts paid in accordance with the section.
[Section 95 (1) of the Indian Lunacy Act, 1912.]
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(2) Procedure when a member of the family forgoes his claim. - A question has been raised whether the payment of pension can be authorised to the second son or the eldest surviving unmarried daughter of the deceased Government servant if the eldest surviving son gives his consent in writing to forgo his claim in favour of his younger brother or sister ; and whether the share of the death/retirement gratuity admissible to a member or members in whose favour the former may have forgone his/her claim. The matter has been carefully considered and it has been decided that since Government would not in such a case get a good discharge from the eldest son or other member of family having a prior claim to the pension, the safer and more appropriate course would be to sanction the pension only in favour of the member entitled to it under the rules. Similarly, the gratuity should also be paid to all the members of the family in equal shares, as has been provided for in the rules even though any of the members may volunter or desire that his/her share may be paid to some other member(s) of the family.
[G.I., M.F., O.M. No. F. 20 (11)-E. V/57, dated the 27th October, 1957.]
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(3) When the widow gives birth to an illegitimate child. - The widow of a Policeman who was governed by the Extraordinary Pension Rules gave birth to an illegitimate child and a question was raised whether her family pension should be stopped. The pension was not payable only on her death or re-marriage, whichever occured earlier. As there was no legal re-marriage, it was held by the Ministry of Law that the case should be disposed of on the assumption that there has been no re-marriage and as such the pension was accordingly allowed to continue.
[G.I., M.F., U.O. No. 3006-E. V/51, dated the 11th May, 1951.]
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(4) Posthumous child entitled to pension. - A doubt arose whether a posthumous child is covered by the term `surviving kindred' in the application form for family extraordinary pension and whether or not such a child would be entitled to pension and other pensionary benefits admissible under the various pension rules. It was held in consultation with the Ministry of Law that the term `child' includes a posthumous child of the Government servant.
[G.I., M.F., U.O., No. 9614-E. V/66, dated the 2nd January, 1967.]
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(5) Payment of family pension payable to a minor to the de facto guardian on production of Indemnity Bond . - 1. Decision No. (4) under Rule 51 was made applicable to family pension payable to the minor under Ministry of Finance, O.M. No. F. 9 (18)-E. V(A)/65, dated 28-9-65 (not mentioned).
2. The death/retirement gratuity is paid in lump sum. It is, therefore, easy to specify the amount for which the indemnity bond is to be executed be the de facto guardian. Family Pension is, however, payable monthly and also for the period till the minor attains the age of 18 years or the date of marriage in the case of a daughter. Doubts are therefore likely to arise whether the limit of Rs. 5,000 (now Rs. 10,000) applies also in the case of family pension and for what amount the indemnity bond should be executed. It is clarified -
| (1) | that the limit of Rs. 5,000 (now Rs. 10,000) fixed in the case of death/retirement gratuity applies also to the family pension payable to the minor under the above quoted orders. |
| (2) | the indemnity bond for payment of family pension is to be executed for Rs. 5,000 (now Rs. 10,000) or to the total amount of family pension payable to the minor till the date of attainment of majority, i.e., till the age of 18 years, whichever is less. |
| (3) | in case where total amount of family pension payable to a minor till he/she becomes major exceeds Rs. 5,000 (now Rs. 10,000) the payment of the family pension to the de facto guardian under the indemnity bond would be made till such time the total amount of family pension paid does not exceed Rs. 5,000 (now Rs. 10,000). Thereafter, the family pension can be paid to the de facto guardian on production of guardianship certificate only. If no guardianship certificate is produced, the arrears of family pension can be paid to the minor only after he/she attains the age of 18 years. |
[D.G., P. & T., Letter No. 4/34/74-Pen., dated the 20th January, 1975, amended.]
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(6) Family pension throughout life admissible also to the physically/mentally handicapped children of those employees who retired/died before 30-9-1974. - 1. Proviso to sub-rule (6) of Rule 54 of the CCS (Pension) Rules, 1972, stipulates that if the son or daughter of a Government servant is suffering from any disorder or disability of mind or is physically crippled or disabled so as to render him or her unable to earn a living even after attaining the age of 21 years in the case of a son and 24 years in the case of daughter (now 25 years in both cases) the family pension shall be payable to such son or daughter for life subject to the conditions laid down therein. The said proviso was incorporated in the said rule vide Notification No. 1 (3)-E. V (B)/74, dated 30-9-1974, and came into effect from that date.
2. Representations have been received from various quarters for grant of family pension to the sons/daughters of Government servants/pensioners who are suffering from disorder or disability of mind, etc., where Government servants retired/died before 30-9-1974. The matter has been considered carefully and it has been decided that the benefits of family pension to the sons/daughters of Government servant, who are suffering from any disorder or disability of mind or are physically crippled or disabled so as to render them unable to earn a living be extended to such sons/daughters of Government servants who retired/died before 30-9-1974.
3. These orders will take from 20th May, 1987 and no arrears will be admissible.
[G.I., Dept. of P. & P.W., O.M. No. 1/47/87-P. & P.W., dated the 20th May, 1987.]
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(7) Procedure for payment of family pension to handicapped children. - Under O.M. No. 1/80/89-P. & P.W. (C), dated the 19th February, 1990 (not printed) the condition of manifestation of the disability of children before retirement or death in harness of the Government servant for grant of family pension for life has been dispensed with. Representations have been received that in such cases difficulties are experienced on account of the fact that the disability of the child is not mentioned in the details contained in the PPO.
2. Only the revised PPO forms introduced with effect from 1-1-1990, contains provisions for entry of details of all members of the family. The PPOs issued prior to that date will not contain the names of children of the pensioner. Since only in the case of spouse of the pensioner the payment of the family pension becomes automatic on production of the death certificate and in other cases the family pension is to be authorized by the authority who sanctioned the original pension, the fact that the disability of any particular child is not mentioned in the PPO should normally not impose any hardship. However, it has been represented that in the case of a mentally handicapped child, it will be difficult to claim family pension when his or her turn comes for payment of family pension. In order to expedite sanction of family pension in such cases, the following procedure is prescribed.
3. Where the names of eligible children have not been mentioned in the PPO for various reasons like the pension was sanctioned prior to 1-1-1990, the child is a post-retiral one or post-retiral manifestation of disability of the child, the pensioner, if he so desires, can furnish a list of eligible children to the pension sanctioning authority, inter alia, indicating whether any child is handcapped or not. The receipt of this list may be acknowledged by the pension sanctioning authority, mentioning the details of the eligible children taken on record. This acknowledgement may be preserved by the members of the family of the pensioner for production at the time of submission of claim for family pension in their own turn to the pension sanctioning authority. In case of mentally retarded children or minor who would draw pension through a guardian, the responsibility of producing this acknowledgement will devolve on the guardian. The production of acknowledgement will, however, not be a pre-condition to the processing of claims for family pension.
4. Ministry of Finance, etc., are requested to kindly bring this to the notice of all offices under their control.
5. This OM issues in consultation with C. & A.G., vide U.O. No. 899-AC, II/93-94. I, dated 28-10-1992.
[G.I., Dept. of Pen. & P.W., O.M. No. 1 (21)-P. & P.W./91-E, dated the 20th January, 1993.]
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(8) Spouse of the deceased pensioner can furnish details of eligible children. - Representations have been received about making eligible the spouse to furnish the details of eligible children, including handicapped children, to the pension sanctioning authority where the same was not furnished by the employee/pensioner.
2. The matter has been considered in this Department and it has been decided to allow the spouse of the deceased pensioner/Government servant, if the details of such children were not furnish by the latter, to furnish the details of eligible children to the pension sanctioning authority as it will help in setting family pension cases.
3. This OM issues in consultation with C. & A.G. of India, vide their U.O. No. 685-AC. II/288-97-II, dated 24-10-1998.
[ G.I., Dept. of Pen. & P.W., O.M. No. 1/21/91-P. & P.W., (E) (Pt.), dated the 15th January, 1999. ]
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(9) Production of guardianship certificate is necessary for payment of family pension to physically crippled/disabled minor children and children suffering from any disorder or disability of mind. - It is clarified that the existing stipulation in regard to guardianship certificates/appointment of guardians will continue to apply in respect of the physically crippled/disabled children who are minors and the children suffering from any disorder or disability of mind as they are covered by the existing laws for the purpose of obtaining guardianship certificates/appointment of guardians by the Courts.
[G.I., Dept. of P. & P.W., O.M. No. 1/47/87-P. & P.W.,/C, dated the 30th March, 1989.]
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(10) Payment of retirement gratuity and family pension to the family, in case an official's whereabouts are not known. 1. A number of cases are referred to this Department for grant of family pension to the eligible family members of employees who have suddenly disappeared and whose whereabouts are not known. At present all such cases are considered on merits in this department. In the normal course unless a period of 7 years has elapsed since the date of disappearance of the employee, he cannot be deemed to be dead and the retirement benefits cannot be paid to the family. This principle is based on Section 108 of the Indian evidence act which provides that when the question is whether the man is alive or dead and it is proved that he has not been heard of for 7 years by those who would naturally have heard of him if he had been alive, the burden of proving that he is alive is shifted to the person who affirms it.
2. The matter has been under consideration of the government for some time as withholding of the benefits due to the family has been causing a great deal of hardship. It has been decided that (i) when an employee disappears leaving his family, the family can be paid in the first instance the amount of salary due, leave encashment due and the amount of GPF having regard to the nomination made by the employee, (ii) after the elapse of a period of one year, other benefits like retirement or death gratuity/family pension may also be granted to the family subject to the fulfillment of conditions prescribed in the succeeding paragraphs.
3. The above benefits may be sanctioned by the administrative ministry/department after observing the following formalities:-
(i) The family must lodge a report with the concerned police station and obtain a report that the employee has not been traced after all efforts had been made by the police.
(ii) An indemnity bond should be taken from the nominee/dependants of the employee that all payments will be adjusted against the payment due to the employee in case he appears on the scene and makes any claim.
4. The head of office will assess all government dues outstanding against the government servant and effect their recovery in accordance with rule 71 of CCS (pension) rules, 1972 and other instructions in force for effecting recovery of government dues.
5. The family can apply to the head of the office of the government servant for grant of family pension and death/retirement gratuity, after one year from the date of disappearance of the government servant in accordance with the prescribed procedure for sanction of family pension and death/retirement gratuity. In case the disbursement of death/retirement gratuity is not effected within three months of the date of application, the interest shall be paid at the rates applicable and responsibility for the delay fixed.
[G.I., Dept. of P.&P.W., O.M. No. 1/17/86-P. & P.W., dated the 29th August, 1986.]
Note:- The above orders regulate genuine cases of disapearance under normal circumstances and not the cases in which officials disappear after committing frauds, etc. In latter type of cases the family pension needs to be sanctioned only on the government employee being acquitted by the court of law or after the conclusion of the disciplinary proceedings, etc. as the case may be.
[G.I., Dept. of Posts, Circular Letter No. 4-52/86-Pen, dated the 3rd March, 1989.]
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(11) Family pension should be sanctioned from the date of lodging FIR or expiry of leave of the employee, whichever is later. - *** At present the family pension is sanctioned and paid to the eligible member of the family one year after the date of registering the FIR with the police and no family pension is paid for the intervening period of one year from the date the FIR is lodged to the date the family pension can be sanctioned. This practice is causing hardship to the families. It has now been decided that the family pension which, in pursuance of the earlier orders, will continue to be sanctioned and paid one year after the date of lodging the FIR, will accrue from the date of lodging the FIR or expiry of leave of the employee who has disappeared, whichever is later. When the sanction for family pension is issued, the payment of pension from the date of accrual may be authorized. The usual procedure of obtaining the indemnity bond, etc., as laid down in the OM, dated 29-8-1986 [Decision (10) above] will continue to be followed. While sanctioning payment of family pension, it will be ensured by the concerned authorities that family pension is not authorized for any period during which payment of pay and allowances in respect of the disappeared employee has been made.
[G.I., Dept. of Pen. & P.W., O.M. No. 1 (17)-P. & P.W./86-E dated the 18th February, 1993.]
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(12) Payment of retirement gratuity and family pension to the family in case an official's/pensioner's whereabouts are not known - further instructions. - Following certain doubts expressed by some Ministries/Departments in the application of O.M. No. 1/17/86-P. & P.W., dated the 29th August, 1986 [Decision (10) above], clarifications/further instructions regarding the formalities to be observed, regulation of payment of the benefits, etc., as contained in the following paragraphs, are circulated.
2. This Department O.M. No. 1/17/86-P. & P.W., dated 29-8-1986 [Decision (10) above], as well as this OM, will also be applicable in the case of missing pensioners mutatis mutandis.
3. The date of disappearance of the employee/pensioner will be reckoned from the date the First Information Report is lodged with the Police, and the period of one year after which the benefits of family pension and gratuity are to be sanctioned will also be reckoned from this date. However, the benefits to be sanctioned to the family, etc., of the missing employee will be based on and regulated by the emoluments drawn by him and the rules/orders applicable to him as on the last date he/she was on duty including authorized periods of leave. "Family pension at normal/enhanced rates, as may be applicable in individual cases, will be payable to the families of missing employees." Family pension where sanctioned at pre-1-1-1986 rates will be revised and consolidated, w.e.f. 1-1-1986 in terms of O.M. No. 2/1/87-PIC I, dated 16-4-1987 (not printed), as amended from time to time.
4. In the case of missing pensioners, the family pension at the rates indicated in the PPO will be payable and may be authorized by the Head of the Office concerned. Where the PPO does not contain this information, the Head of Office will take necessary action to sanction the family pension as due, as provided in para. 3 above.
5. Death gratuity will also be payable to the families, but not exceeding the amount which would have been payable as retirement gratuity if the person had retired. The difference between retirement gratuity and death gratuity shall be, subsequently, payable after the death is conclusively established or on the expiry of seven years period from the date of missing.
6. The indemnity bond to be obtained for this purpose from the family members, etc., will be in the formats enclosed with this Office Memorandum. Separate formats for use in the case of missing employees and missing pensioners have been prescribed. These formats have been finalized in consultation with the Department of Legal Affairs.
7. Cases already settled otherwise than in accordance with this Office Memorandum need not be re-opened, unless such a re-opening will be to the advantage of the beneficiaries.
[G.I., Dept. of P. & P.W., O.M. No. 1/17/86-P. & P.W. (C), dated the 25th January, 1991.]
INDEMNITY BOND
[In the case of missing employee]
KNOW ALL MEN by these presents that we (a).........................(b)...........................the wife/son/brother/nominee, etc., of (c).........................who was holding the post of .....................in the Ministry/Department/Office of ...........................is reported to have been missing since...........................(hereinafter) referred to as `missing Government servant') resident of ................(hereinafter called "the Obligor") and (d).................son/wife/daughter of Shri ..................... resident of ................... and .............................. son/wife/daughter of ........................... resident of .....................................the sureties for and on behalf of the Obligor (hereinafter called "the Sureties") are held firmly bound to the President of India (hereinafter called "the Government") in the sum of Rs..........................(in words) equivalent of the amount on account of payment of salary, leave encashment, GPF, Retirement/Death Gratuity and each and every sum being the monthly family pension well and truly to be paid to the Government, on demand and without a demur together with simple interest @ ........... % p.a. from the date of payment thereof until repayment for which payment we bind ourselves and our respective heirs, executors, administrators, legal representatives, successors and assigns by these presents.
Signed this ......................... day of ............................. one thousand nine hundred and ..........................
WHEREAS (c) ...................... was at the time of his disappearance in the employment of the Government receiving a pay at the rate of Rs...................... (in words) only per month from the Government.
AND WHEREAS the said (c) ..................... disappeared on the .......................... day of ...................... 19........and there was due to him at the time of his disappearance the sum equivalent of (i) salary due (ii) leave encashment, (iii) GPF and (iv) Retirement/Death Gratuity.
AND WHEREAS the Obligor is entitled to family pension at Rs............................(Rupees............................only) plus admissible dearness relief thereon.
AND WHEREAS the Obligor has represented that he/she is entitled to the aforesaid sum and approached the Government for making payment thereof of avoid undue delay and hardship.
AND WHEREAS the Government has agreed to make payment of the said sum of Rs...........................(in words) and monthly family pension @ Rs............................(in words) only and relief thereon to the Obligor upon the Obligor and the Sureties entering into a Bond in the above mentioned sum to indemnify the Government against all calims to the amount so due to the aforesaid missing Government servant.
AND WHEREAS the Obligor and at his/her request the Surety/Sureties have agreed to execute the Bond in the terms and manner hereinafter contained.
NOW THE CONDITION OF THIS BOND is such that if after payment has been made to the Obligor, the Obligor and/or the Surety/Sureties shall in the event of a claim being made, by any other person or the missing employee on appearance, against the Government with respect to the aforesaid sum of Rs...........................(in words) and the sums paid by the Government as monthly pension and relief as aforesaid then refund to the Government the said sum of Rs.........................(in words) and each and every sum paid by Government as monthly pension and relief together with simple interest @ ................. % per annum and shall, otherwise, indemnify and keep the Government harmless and indemnified against and from all liabilities in respect of the aforesaid sums and all costs incurred in consequence of the claim thereto THEN the above-written Bond or obligation shall be void and of no effect but otherwise it shall remain in full force, effect and virtue.
AND THESE PRESENTS ALSO WITNESS that the liability of the Surety/Sureties hereunder shall not be impaired or discharged by reason of time being granted by or any forbearance act or omission of the Government whether with or without the knowledge or consent of the Surety/Sureties in respect of or in relation to the obligations or conditions to be performed or discharged by the Obligor or by any other method or thing whatsoever which under the law relating to sureties would but for this provision shall have no effect of so releasing the Surety/Sureties from such liability nor shall it be necessary for the Government to sue the Obligor before suing the Surety/Sureties or either of them for the amount due hereunder, and the Government agrees to bear the stamp duty, if any, chargeable on these presents.
IN WITNESS WHEREOF the Obligor and the Surety/Sureties hereto have set and subscribed their respective hands hereunto on the day, month and year above-written.
| Signed by the above-named `Obligor' in the presence of | |
| 1. | ..................................................... |
| 2. | ..................................................... |
| Signed by the above-named `Surety'/`Sureties' | |
| 1. | ..................................................... |
| 2. | ..................................................... |
Accepted for and on behalf of the President of India by .........................................................................................................
.............................................................................................................................................................................................
[Name and designation of the Officer directed or authorized in pursuance of, Article 299 (1) of the Constitution, to accept the Bond for and on behalf of the President] in the presence of.............................
............................................................................................................................................................................................
(Name and designation of witness)
| NOTE | I. - | (a) | Full name of the claimant referred to as the `Obligor'. |
| (b) | State relationship of the `Obligor' to the `missing Government servant'. | ||
| (c) | Name of the `missing Government servant'. | ||
| (d) | Full name or names of the Sureties with name or names of the father(s)/ husband(s) and place of residence. |
| NOTE | II. - | The Obligor as well as the Sureties should have attained majority so that the bond may have legal effect or force. |
| NOTE | III. - | The rate of simple interest will be as prescribed by the Government from time to time. It is 6% p.a. on the date of issue of the OM. |
INDEMNITY BOND
[In the case of missing pensioner]
KNOW ALL MEN by these presents that we (a) ............ (b) ............... the widow/son/brother/nominee, etc., of (c) .............. who had retired from the post of .................... in the Ministry/Department/Office of ....................... and who was in receipt of pension from ....................... is reported to have been missing since ..................... (hereinafter referred to as `missing pensioner' resident of .....................(hereinafter called "the Obligor") and (d) ....................... son/wife/daughter of Shri .......................................... resident of .................................... and ................................. son/wife/daughter of Shri .......................................... resident of .......................................... the sureties for and on behalf of the Obligor (hereinafter called "the Sureties") are held firmly bound to the President of India (hereinafter called "the Government") in each and every sum being the arrears of pension and monthly family pension and relief thereon well and truly to be paid to the Government, on demand and without a demur together with simple interest at the rate of ...................... % per annum from the date of payment until repayment for which payment we bind ourselves and our respective heirs, executors, administrators, legal representatives, successors and assigns by these presents.
Signed this .................................. day of ................................ one thousand nine hundred and ..........................................
WHEREAS (c) ......................... was at the time of his disappearance a Central Government pensioner receiving a pension at the rate of Rs....................................(in words) only per month and relief thereon from the Government.
AND WHEREAS the said (c) ........................ disappeared on the ....................... day of .................... 19............. and there was due to him at the time of his disappearance the sum equivalent of arrears of pension due.
AND WHEREAS the Obligor is entitled to family pension at Rs............................. (Rupees .............................. only) plus admissible dearness relief thereon.
AND WHEREAS the Obligor has represented that he/she is entitled to the aforesaid sum and approached the Government for making payment thereof to avoid undue delay and hardship.
AND WHEREAS the Government has agreed to make payment of the said sum of Rs......................(in words) and the monthly family pension at Rs................................(in words) plus relief thereon to the Obligor upon the Obligor and the Sureties entering into a Bond in the above-mentioned sum to indemnify the Government against all claims to the amount so due to the aforesaid missing Government pensioner.
AND WHEREAS the Obligor and at his/her request the Surety/Sureties have agreed to execute the Bond in the terms and manner hereinafter contained.
NOW THE CONDITION OF THIS BOND is such that if after payment has been made to the Obligor, the Obligor and/or the Surety/Sureties shall in the event of a claim being made, by any other person or the missing pensioner on appearance, against the Government with respect to the aforesaid sum of Rs.........................(in words) and the sums paid by the Government as monthly family pension and relief as aforesaid then refund to the Government the said sum of Rs..........................(in words) and each and every sum paid by Government as monthly family pension and relief together with simple interest @...........% per annum and shall, otherwise, indemnify and keep the Government harmless and indemnified against and from all liabilities in respect of the aforesaid sums and all costs incurred in consequence of the claim thereto THEN the above-written Bond or obligation shall be void and of no effect but otherwise it shall remain in full force, effect and virtue.
AND THESE PRESENTS ALSO WITNESS that the liability of the Surety/Sureties hereunder shall not be impaired or discharged by reason or time being granted by or any forbearance act or omission of the Government whether with or without the knowledge or consent of the Surety/Sureties in respect of or in relation to the obligation or conditions to be performed or discharged by the Obligor or by any other method or thing whatsoever which under the law relating to sureties would but for this provision shall have no effect of so releasing the Surety/Sureties from such liability nor shall it be necessary for the Government to sue the Obligor before suing the Surety/Sureties or either of them for the amount due hereunder, and the Government agrees to bear the stamp duty, if any, chargeable on these presents.
IN WITNESS WHEREOF the Obligor and the Surety/Sureties hereto have set and subscribed their respective hands hereunto on the day, month and year above-written.
| Signed by the above-named `Obligor' in the presence of | |
| 1. | ..................................................... |
| 2. | ..................................................... |
| Signed by the above-named `Surety'/`Sureties' | |
| 1. | ..................................................... |
| 2. | ..................................................... |
Accepted for and on behalf of the President of India by .........................................................................................................
.............................................................................................................................................................................................
[Name and designation of the Officer directed or authorized in pursuance of, Article 299 (1) of the Constitution, to accept the Bond for and on behalf of the President] in the presence of.............................
............................................................................................................................................................................................
(Name and designation of witness)
| NOTE | I. - | (a) | Full name of the claimant referred to as the `Obligor'. |
| (b) | State relationship of the `Obligor' to the `missing pensioner'. | ||
| (c) | Name of the `missing pensioner'. | ||
| (d) | Full name or names of the Sureties with name or names of the father(s)/ husband(s) and place of residence. |
| NOTE | II. - | The Obligor as well as the Sureties should have attained majority so that the bond may have legal effect or force. |
| NOTE | III. - | The rate of simple interest will be as prescribed by the Government from time to time. It is 6% p.a. on the date of issue of the OM. |
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(13) Second wife not entitled to the family pension as a legally wedded wife under the Hindu Marriage Act. - The Department of Pension and Pensioners' Welfare have since clarified that the second wife will not be entitled to family pension as a legally wedded wife. A copy of their clarification is enclosed for information.
[C. & A.G., New Delhi, Letter No. 211-Audit I/13-86, dated the 4th March, 1987.]
COPY OF D.O., LETTER NO. 1/39/86-P. & P.W., DATED 16-2-1987, RECEIVED FROM SHRI HAZARA SINGH, DEPUTY SECRETARY, DEPARTMENT OF PENSION AND P.W., NEW DELHI.
An extract of the relevant advice given by the Ministry of Law in the matter is enclosed. You may like to take necessary action in the matter accordingly.
EXTRACT
It is specifically a question arising under the Hindu Marriage Act, 1955. Under Rule 54 (7) of the CCS (Pension) Rules, 1972, in case a deceased Government servant leaves behind more than one widow or a widow and eligible offspring from another widow, they are entitled to family pension in respect of that deceased Government servant. Section 11 of the Act provides that any marriage solemnized after the commencement of the Act shall be null and void can be annulled against the other party by a decree of nullity if the same contravenes any of the conditions specified in Clauses (i), (iv) and (v) of Section 5 of the Act. Section 5 (1) stipulates that the marriage cannot be legally solemnized when either party has a spouse living at the time of such marriage. Therefore, any second marriage by a Hindu male after the commencement of 1955 Act during the lifetime of his first wife will be a nullity and have no legal effect. Such marriage cannot be valid on the ground of any custom. In fact, a custom opposed to an expressed provision of law is of no legal effect. So under these circumstances, the second wife will not be entitled to the family pension as a legally wedded wife.
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(14) When the husband declines to accept family pension in any capacity. - A case has been reported where on the death of a married woman employee, who left behind minor children, the husband of the deceased had declined to accept the family pension in any capacity and also given his consent to pay the same to the real guardian of the deceased's children, i.e., his father-in-law. The widower was having another living wife at the time of the death of the deceased Government servant.
The following point relating to the case was referred to the Government of India by this office. The Ministry of Finance in consultation with the Ministry of Law and Department of Personnel and Administrative Reforms have now issued the clarification below :
Point raised for clarification :
If the husband has another living wife at the time of death of a female Government servant, it is the same as re-marriage and as such the husband of the deceased female Government servant is not entitled to the Family Pension under Rule 54 (6) (i) of the CCS (Pension) Rules, 1972. Will it be in order in the instant case to pay the family pension to the minor children through the father of the deceased employee who is their guardian, when the natural guardian, viz., father of the children, is living?
Clarification issued :
It will be in order in the instant case to pay the family pension to the minor children through the father of the deceased employee, i.e., their guardian, when the natural guardian, i.e., father of the children, is living. This is however, subject to recognition of his legal guardianship by the court.
[A.G., Letter No. 61/Audit/95-75, dated the 19th January, 1976.]
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(15) Rounding off of pension/family when payable to more than one person payable for part of a month. - 1. Rules 49 and 54(2-A) of CCS (Pension) Rules, 1972, provided for fixation of pension and family pension at monthly rates and its expression in whole rupees where the pension contains a fraction of a rupee. A question was raised as to manner in which family pension/pension in the following cases is to be rounded off:-
(a) In respect of family pension where the pension is payable to more than one person each share containing a fraction of a rupee; and
(b) In respect of pension paid for a part of a month due to the death of a pensioner or for any other reasons where pension and relief thereon becomes payable in fraction of a rupee.
2. The matter has been examined in consultation with Department of Pension and P.W. and it is clarified that in respect of (a) above, each share of family pension resulting in a fraction of a rupee may be rounded off to next higher rupee expect in cases where family pension, if all the shares are put together exceed the maximum limit of family pension admissible. However in the exceptional and rare cases where the shares of family pension rounded as above when added cause an excess over the maximum limit, such cases should be referred to the Department of Pension and PW and decided in consultation with that Department.
In respect of (b) above also the payment f pension for part of a month if worked out in fraction of a rupee may be rounded off to the next higher rupee.
[ G.I., M.F., O.M. No. G-19011/2/90-MF-CGA/Pen./635, dated the 9th October, 1990. ]
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(16) Family pension to post-retiral spouses. - According to Rule 54 (14) (b) (i) of the CCS (Pension).Rules,1972,the post retiral spouses are not entitled to family pensioners, Smt. Bhagwanti, widow of a Defence pensioner and Smt. Sharda Swamy, widow of a Railway pensioner, who had married after retirement, filed Writ Petition Nos. 1128 of 1988 and 1204 of 1988, respectively, in the Supreme Court claiming that the benefit of the family pension scheme may also be extended to them. The Hon'ble Supreme Court in its judgment, dated 29-8-1989, allowed the petitions of Smt. Bhagwanti and Smt. Sharda Swamy.
2. The matter regarding implementation of the judgment of the Supreme Court has been considered by the Government. The President is, accordingly, pleased to decide that the benefit of Family Pension Scheme, 1964, will also be admissible to the post-retiral spouses from the date following the date of death of the pensioner.
3. Life time arrears, wherever admissible, of family pension in respect of spouses of the deceased post-retiral spouses would also be payable to their family members/heirs where the spouse eligible for family pension was alive on the date of eligibility and who died subsequent to that date, for the period from the date of eligibility to the date of death.
4. The sanction of family pension and its payment will be regulated in accordance with the procedure laid down in the CCS (Pension) Rules, 1972.
5. These orders do not apply to Railway employees, persons paid from Defence Services estimates and the members of the All India Services. Separate order in respect of them would be issued by the respective Ministries.
6. In their application to the families of pensioners who retired/retire from Indian Audit and Accounts Department, these orders have been issued after consultation with the Comptroller and Auditor-General of India.
7. Formal amendment to Rule 54(14) (b) (i) and (ia) of the CCS (Pension) Rules, 1972, is being issued separately (since amended).
[G.I., Dept. of P. & P.W., O.M. No. 1/87/89-P. & P.W./C, dated the 30th November, 1990.]
NOTE. - The benefit of the above OM, dated the 30th November, 1990, is admissible also to post-retiral spouses whose marriages were solemnized after retirement even before 30th November, 1990.
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(17) Regulation of past cases of family pension admissible to children born after retirement. - The Government of India, Ministry of Personnel, Public Grievances and Pensions (Department of Pension and Pensioners' Welfare) have issued the following clarification in respect of the above-mentioned points :-
| (i) | The sons/daughters born after retirement but before the issue of the amendment to Rule 54 (14) (b) (ii) vide G.o.I. Notification No. 1/66/89-P. & P.W./C, dated 5-6-1990 (making children born after retirement eligible for family pension), will also be eligible for family pension there under. |
| (ii) | The arrears of family pension will be admissible under the said Notification to the sons/daughters from the date they became entitled to family pension, that is, the date following the date of death of the Government employee or his wife, etc., as the case may be. |
[C. & A.G. of India, New Delhi, Letter No. 43-Audit. I/94-AI/90 KW (13), dated the 18th January, 1991.]
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(18) Endorsement of family pension entitlement of post-retiral spouses in the PPO - procedure for. - Reference Decision (17) above, the question of laying down the procedure for endorsement of family pension entitlement of post-retiral spouse in the Pension Payment Order of the pensioner has been under consideration of this Department. It has now been decided that the following procedure may be followed for endorsement of family pension entitlement of post retiral spouse in the Pension Payment Order of Central Government Civil Pensioners :-
| (i) | As and when a pensioner marries or re-marries after retirement he shall intimate the event to the Head of Office who processed his pension papers at the time of his retirement. He shall also furnish along with his application an attested copy of the marriage certificate from Registrar/Gram Panchayat/District Magistrate in respect of his post-retirement marriage. |
| (ii) | The Head of Office on receipt of the application mentioned above and after due verification where necessary, forward the papers to the concerned Pay & Accounts Officer for issue of corrigendum PPO. While forwarding the papers to the Pay & Accounts Officer, the provisions of Clause (b) of sub-rule (7) of Rule 54 of the CCS (Pension) Rules, 1972, shall be kept in mind. When the pensioner does not have any child or children from his previous marriage, if any, the post-retiral spouse shall be eligible for full family pension. Where the pensioner has any eligible child or children from another wife who is not alive, the family pension to the post-retiral spouse and the child/children from the previous marriage will be authorized in terms of Clause (b) of sub-rule (7) of Rule 54 ibid. |
| (iii) | The corrigendum PPO shall be forwarded by the Pay & Accounts Officer to the concerned pension disbursing authority through the Central Pension Accounting Office. A copy of the corrigendum PPO shall also be endorsed to the pensioner. |
| (iv) | As far as children, including those born after retirement, are concerned, a fresh PPO will be issued as and when the turn of each child for receipt of family pension is reached as at present. |
The application will be submitted in the attached pro forma.
2. These orders do not apply to Railway employees, persons paid from the Defence Services Estimates and the members of All India Services. Separate orders in respect of them would be issued by the respective Ministries.
3. In their application to the families of pensioner who retired/retire from Indian Audit and Accounts Department, these orders have been issued after consultation with the Comptroller and Auditor-General.
[G.I., Dept. of P. & P.W., O.M. No. 1 (23)-P. P.W./91-E, dated the 4th November, 1992.]
PRO FORMA
Form of application to be submitted by Pensioners for endorsement of particulars of spouse from post-retiral marriage and children born after retirement in the PPO.
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(To be filled in triplicate and submitted to Head of Office, who processed pension papers initially).
Sir,
I am to state that I have married/remarried on...................................... I give below the requisite particulars, of my spouse for necessary endorsement on my PPO.
I also enclose 3 copies of passport size joint photograph with my spouse duly attested for necessary action.
| 1. | Name of the Pensioner (as recorded in PPO) | |
| 2. | Full present Address | |
| 3. | Date of Retirement | |
| 4. | (i) | PPO No. & Date |
| (ii) | Name of PPO Issuing Authority | |
| 5. | Name of the Pension Disbursing Authority | |
| (i) | Station | |
| (ii) | Treasury/DPDO/PAO/PSB, as the case may be | |
| (iii) | Bank Branch with full Address and SB/CA A/c. No. | |
| 6. | (a) | Details of family (as recorded in PPO) |
| Sl. No. | Name (s) and addresses of members of family | Relationship with the Pensioner | Marital Status (in case of daughter) | Date of Birth of children | Whether the child/children physically handicapped |
| (b) | if the application is for inclusion of post-retiral spouse, the date of death/divorce of the previous spouse (Attested copies of death certificate/divorce decree to be enclosed) | |
| 7. | Particulars of spouse from post-retiral marriage - | |
| (i) | Name | |
| (ii) | Date of marriage with the pensioner, (Please attach attested copy of marriage certificate.) | |
| (iii) | Joint Photograph of the pensioner and the spouse referred to at item (a) above duly attested. | |
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| 8. | Particulars of Children born after retirement. |
| Sl. No. | Name(s) and address of postretiral family | Relationship with the pensioner | Date of Birth | Whether the child(ren) is/are physically handicapped |
(Please attach attested copies of birth certificates)
| 9. | Verification I certify that the particulars furnished above are correct. |
| Attested by: | Signature of Pensioner | |
| (With name in Block letters with address) | ||
| 1. | Signature Name Address | Place Date |
| 2. | Signature Name Address |
NOTE. - Attestation should be done by two Gazetted Government servants or by two respectable persons in the town/village or pargana in which the applicant resides.
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(19) Option for defence beneficiaries to draw family pension either from Defence or Civil source, whichever is more beneficial. - A number of representations have been received from the families of Armed Forces pensioners who are drawing their family pension from the Central Government/State Government/PSUs/Autonomous Bodies where deceased Armed Forces pensioners were re-employed. Such family pensioners are representing for being allowed an option to draw military family pension if the same is more beneficial.
2. The question of grant of such an option for drawing ordinary family pension for the Armed Forces service rendered by the Armed Forces pensioners has been under consideration of the Government for some time. The President is pleased to decide that the families of the Armed Forces pensioners who were in receipt of military pension till their death, (their widows/eligible members of the families drawing family pension from the Central Civil Ministries/Departments/State Governments/PSUs/ Autonomous Bodies) for the re-employed service of the deceased may now be allowed to exercise an option within two years from the date of issue of this letter or the date of death of the Armed Forces pensioners, whichever is later, to draw ordinary military family pension with effect from 1-1-1992, or the date following the date of death of pensioner, whichever is later, forgoing the family pension from the Civil source from that date. Such an option will be exercised in the form prescribed at Appendix to this letter. Those family pensioners who do not opt for drawal of ordinary military family pension within the stipulated period of two years, will be deemed to have opted for continued drawal of ordinary family pension from civil side.
3. The application form (as per Appendix) will be submitted in quardruplicate to the authorities indicated below duly countersigned by the Pension Disbursing Authority for civil family pension concerned -
4. The civil pension paying authority should scrutinize the entries/complete the entries in Part I of the application form and countersign in Part II of the application form and hand over the same to the family pensioner for onward transmission to Service Headquarters/Record Office concerned along with two copies of passport size photograph duly attested, two specimen signatures duly attested on a separate sheet of paper and two slips each bearing left thumb and finger impressions duly attested on a separate sheet of paper. At this stage no copy of the application will be retained by civil family pension paying authority.
5. The concerned Service Headquarters/Record Office on receipt of the application will scrutinize the details furnished by the family pensioner in Part I of the application form with reference to the documents available at their end and indicate the amount of ordinary family pension on Defence side likely to be sanctioned or already endorsed in the Service/Retiring Pension Payment Order of the deceased Armed Forces Pensioners in the Part III of the application form. In case the family pension from the Civil side is more beneficial, the application form may be returned to the family pensioner with appropriate advice for reconsidering the option. In other cases where military family pension is more advantageous, the application form will be sent to the re-employing civil authority. At this stage no copy of the application will be retained by Service Headquarters/Record Office.
6. On receipt of application (four copies) from the Service Headquarters/Record Office concerned, the re-employing civil authority shall issue Cancellation PPO effective after the end of nine calendar months from the date three copies of the application form and three copies of Cancellation PPO are forwarded to the Civil Pension Paying Agency after completing Part IV of the application form. A copy of the application will be retained by them and suitable entries will be made in the service records of the deceased pensioner.
7. The Civil Pension Paying Authority shall complete Part V of the application form and forward two copies of the same to the concerned Service Headquarters/Record Office along with two copies of the Cancellation PPO. One copy of application and Cancellation PPO each will be retained for his record.
8. The concerned Service Headquarters/Record Office will take the following action:-
9. The concerned pension sanctioning authority will scrutinize the application form with reference to pension documents available/received in his office and notify the Pension Payment Order sanctioning Ordinary Family Pension in favour of the claimant. Necessary adjustment of the amount on the basis of difference in amount of civil family pension and Ordinary Military Family Pension and dearness relief thereon will be worked out by the PSA and indicated in the PPO for payment. The PSA will notify the PPO within a maximum period of 60 days from the date of receipt of claim from the Service Headquarters/Record Office.
10. The benefit of option under these orders will accrue with effect from 1-1-1992 or the date following the date of death of the deceased Armed Forces Pensioner, whichever is later. The option is available for one time and once exercised shall be final.
11. The Pension Regulations for the three Services shall be amended in due course.
12. This issues with the concurrence of the Finance Division of this Ministry, vide their U.O. No. 2242-Pen. 92, dated 28-9-1992.
APPENDIX
(Reference in Para 3)
Application Form for drawal of
Ordinary Family Pension from Defence Source
[To be furnished in quadruplicate]
.......................................................
.......................................................
I...................................widow/son/daughter of Ex. No...................................Rank ...................................... Name ............................................hereby opt to draw Ordinary Family Pension admissible to me on account of military service rendered by the above-named deceased Armed Forces Pensioner, with effect from 1-1-1992 (or the date following the date of death of the pensioner, whichever is later). The pension particulars of the above-named deceased are as under -
2. I am in receipt of family pension from civil side on account of re-employed service of the above-named deceased Armed Forces Pensioner as per details given below -
3. I hereby forgo my right to draw civil family pension from the date military family pension is sanctioned to me. I propose to draw my military family pension from Pension Paying Authority as per details given below -
4. I certify that I have not got re-married/married (in the case of daughter) after the death of the above-named deceased pensioner or I am not otherwise disqualified from receiving ordinary family pension.
Particulars shown in para. 2 (a) to (i) have been verified/completed.
Certified that the particulars given in para. 2 (a) to (i) have been verified and found to be correct. The pension to the claimant will be stopped with effect from...............................(after the end of nine calendar months from the date the three copies of application duly completed are forwarded to the Civil Pension Paying Authority along with three copies of the Cancellation PPO). One copy of this application has been retained and necessary entries made in the pension records of the deceased pensioner/claimant held by this office.
Certified that one copy each of the Application Form and the Cancellation PPO have been retained and necessary note for discontinuance of Civil Family Pension has been made in the records.
Pension Grievances Cell,
Ministry of Defence,
206/A, Sena Bhavan,
NEW DELHI - 110 011
Subject:- (i) Grant/Payment of Pension.
Please quote our ID No. in all your future reference to link the case.
[G.I., Min. of Defence, Circular No. 10 (6)/92/D (Pens/Sers.), dated the 28th September, 1992.]
2. The requirement of succession certificate for payment of any arrear should be required only in cases, where there is no eligiblie family member as defined in the above Rule 54, after the death of a family pensioner.
3. These instructions may be brought to the notice of all disbursing authorities.
[G.I., Dept. of Pen. & P.W., O.M. No. 43/4/95-P. & P.W. (G), dated the 30th October, 1995.]
(21) Families of temporary/quasi-permanent Government servants retired on superannuation/invalidation on completion of 10 years service prior to 1-1-1986 eligible for Family Pension, 1964. - 1. In accordance with G.I., Department of Personnel and Administrative Reforms, O.M. No. 38 (16)-Pension Unit/80, dated the 30th December, 1980 (not printed), a Government servant who, retires from service on attaining the age of superannuation or on his being declared to be permanently incapacitated for further Government service by the appropriate medical authority after rendering temporary/quasi-permanent service of not less than 20 years, is eligible for the grant of superannuation or invalid pension, death-cum-retirement gratuity and family pension in accordance with CCS (Pension) Rules, 1972.
2. The said OM has further been modified vide Department of Pension and Pensioners' Welfare, O.M. No. 2/4/87-PIC, dated the 14th April, 1987 (not printed), providing for grant of superannuation/invalid pension, retirement gratuity and family pension at the same scale as admissible to permanent employees under the CCS (Pension) Rules, 1972, in respect of Government employees who are/were in service on 1-1-1986, and who retire on superannuation or on being declared permanently incapacitated for further Government service by the appropriate medical authority after having rendered temporary/quasi-permanent service of not less than 10 years.
3. The question regarding grant of family pension to the families of Government employees who retired on superannuation or on being declared permanently incapacitated for further Government service by the appropriate medical authority after having rendered not less than 10 years temporary/quasi-permanent service before 1-1-1986, has been under consideration of the Government for some time past. It has been decided that the family of a Government servant who retired on superannuation or on being declared permanently incapacitated for further Government service by the appropriate medical authority after having rendered temporary/quasi-permanent service of not less than 10 years prior to 1-1-1986, will also be eligible to family pension under the CCS (Pension) Rules, 1972, at the same scale as admissible to the family of a permanent employee from time to time.
4. Formal amendment to CCS (Pension) Rules, 1972, will be issued separately.
5. The provision of this Office Memorandum shall apply to those temporary/quasi-permanent Government servants who retired before 1-1-1986. The benefit will be available to the widows from the date of issue of this Office Memorandum, i.e., 14-1-1988.
6. The same procedure as provided for in chapters IX and X of the CCS(Pension) rules,1972 will be followed mutatis mutandis for grant of Family Pension under this Office Memorandum.
7. These orders issue in consultation with the Ministry of Finance, Department of Expenditure, vide their U.O. No. 2135/E. V/87, dated the 4th November, 1987.
[G.I., Dept. of P. & P.W., O.M. No. 1/75/87-P. & P.W., dated the 14th January, 1988.]
(22). Family pension is admissible also to children from the void or voidable marriage. - Attention is invited to provisions contained in Rule 54 (8) of CCS (Pension) Rules, 1972 and decisions thereunder on regulation of amount of family pension payable. This Department has been receiving references from Ministries/Departments seeking advice on the question of admissibility of family pension to children of a deceased Government servant/pensioner from a wife whose marriage with the said Government servant/pensioner would be voidable or held void under the provisions of Hindu Marriage Act.
2. The matter regarding grant of pensionary benefits to such children has been examined in consultation with the Ministry of Law.
3. In view of the fact that Section 16 of the Hindu Marriage Act, 1955 as amended by Hindu Marriage Laws (Amendment) Act States "Notwithstanding that a marriage is null and void under Section 11, any child of such marriage who would have been legitimate if the marriage had been valid shall be legitimate, whether such child is born before or after the commencement of Marriage Law (Amendment) Act, 1976 and whether or not a decree of nullity is granted in respect of that marriage under this act, and whether or not the marriage is held to be void otherwise than on a petition under this act."
4. The rights of such children require to be protected and will accrue accordingly. It is therefore, clarified that pensionary benefits will be granted to children of a deceased Government servant/pensioner from such type of void marriages when their turn comes in accordance with Rule 54 (8). It may be noted that they will have no claim whatsoever to receive family pension as long as the legally wedded wife is the recipient of the same.
[G.I., Dept. of Pen. & Pen. Welfare, O.M. No. 1/16/96, P. & P.W. (E), dated the 2nd December, 1996.]
(23). Family Pension shall be at a uniform rate of 30% of pay last drawn. -Family Pension shall be calculated at a uniform rate of 30% of basic pay in all cases instead of slab system and shall be, subject to a minimum of Rs. 1,275 per month and a maximum of 30% of highest pay in the Government. (The highest pay in the Government is Rs. 30,000 since 1-1-1996. Rule 54 (2) relating to Family Pension, 1964 under Pension Rules shall stand modified to this extent and the existing table thereunder will be no longer operative.
The revised Provisions as per these orders shall apply to Government servants who retire/die in harness on or after 1-1-1996.
[ G.I., Dept of Pen. & P.W., O.M. No. F. 45/86/97-P. & P.W. (A), Part-I, dated the 27th October, 1997, Para. 7.1 ]
(a) Parents who were wholly dependent on the Government servant when he/she was alive provided the deceased employee had left behind neither a widow nor a child.
(b) Son/daughter including widowed/divorced daughter till he/she attains the age of 25 years or up to the date of his/her marriage/remarriage, whichever is earlier.
[G.I., Dept. of Pen. & P.W., O.M., No. F. 45/86/97-P. & P.W. (A), Part - I dated the 27th October, 1997, Para. 7.2. ]
2. Income Criteria:-- The income criteria in respect of parents and widowed/divorced daughters will be that their earning is not more than Rs. 2,550 per month. The parents will get Family Pension at 30% of basic pay of the deceased employee, subject to a minimum of Rs. 1,275 per month. They also will have to produce an annual certificate to the effect that their earning is not more than Rs. 2,550 per month. Further the Family Pension to the widowed/divorced daughter will be admissible till they attain the age of 25 years or up to the date of her re-marriage, whichever is earlier.
3. It has also been decided by the Government on the basis of the recommendations of the Fifth Central Pay Commission and in partial modification of this Department's O.M.No. 1 (26)-P&PW/90-(E), dated 18-1-1993 that the Family Pension in respect of sons/daughters (including widowed/divorced daughter) will be admissible, subject to the condition that the payment should be discontinued/not admissible when the eligible son/daughter starts earning a sum of Rs. 2,550 per month from employment in Government, the private sector, self employment etc. It is further clarified that the Family Pension to the sons/daughters will be admissible till he/she attains the 25 years of age or up to the date of his/her marriage/remarriage, which ever is earlier. There is however, no change in the provisions about admissibility of Family Pension in respect of sons/daughters suffering from any disorder or disability of mind or who is physically crippled or disabled as mentioned in the OM, dated 18-1-1993.
4. Admissiblity of Family Pension to parents and widowed/divorced daughter will be effective from 1-1-1998, subject to fulfilment of other usual conditions. The cases where Family Pension has already been granted to sons/daughters after 1-1-1998 before issue/implementation of this OM without imposition of earning condition need not be reopened.
5. These orders issue with the approval of Ministry of Finance, Department of Expenditure, vide their U.O. No. 53/E.V/98, dated 29-1-1998.
[ G.I., Dept. of Pen. & P.W., O.M., No. 45/51/97-P.& P.W.(E), dated the 5th March, 1998. ]
(25). Enhanced family pension admissible for seven years or up to age of 67 for those age of superannuation is 60 years. --- The Government of India has decided to increase the age of retirement from 58 to 60 years vide its notification No. 25012/2/97-Estt. (A), dated 13th May, 1998 (See FR 56). In pursuance of this decision of the Government and in view of the recommendation of the Fifth Central Pay Commission, the Government of India in partial modification of Rule 54(3) (a) of CCS (Pension) Rules, 1972 has decided that the payment of family pension at enhanced rates will be payable for 7 years or till the Government servant/pensioner would have attained the age of 67 years against the existing provision of 65 years. This will be applicable in cases where Government servant is to retire at the age of 60 years in pursuance of the notification No. GSR 248 (E), dated 13-5-1998 and not where Government servant has already retired at the age of 58 years or would have retired at the age of 58 years but for his premature demise.
2. The formal notification regarding amendment in the rules will be issued separately.
3. In their application to the persons belonging to Indian Audit and Accounts Department, these orders issue in consultation with Comptroller and Auditor-General of India.
4. Ministry of Agriculture, etc., are requested to bring the contents of these Orders to the notice of Controller of Accounts/Pay and Accounts Officer and Attached and subordinate offices under them on a top priority basis. All pension disbursing offices are also advised to prominently display these orders on their notice boards for the benefit of pensioners.
[ G.I., Dept. of Pen. & P.W., O.M. No. 45/8/97 P. & P.W., (E), dated the 2nd February, 1999. ]
(26). Judicially separated spouse with children will get family pension after the children cease to be eligible. ---The judicially separated spouse of a Government servant has been made eligible for payment of family pension subject to the provisions of Rule 54 (11-A) and the provision thereunder of the CCS (Pension) Rules, 1972, and such judicially separated Government servant who was survived by a child or children the family pension in respect of child of such judicially separated Government was admissible under Rule 54 (11-B) of these rules.
2. This Department has come across a case where after the children cease to be eligible for family pension under Rule 54 (11-B), family pension was not being authorized to the judicially separated spouse of the deceased Government servant. This matter has since been settled by the High Court of Kerala in their judgement, dated 28th April, 1998 in O.P. No. 18541 of 1997-S in favour of such judicially separated spouse wherein it has directed for payment of family pension to such spouse after their children had ceased to be eligible for family pension under this rule. In view of this it is clarified that all the Ministries/Departments, etc., may, in future, decide the similar cases under the provisions of the Kerala High Court judgement quoted above, i.e., payment of family pension is to be allowed to the judicially separated spouse of the deceased Government servant after his/her children cease to be eligible for family pension till his/her death or remarriage whichever is earlier.
3. This issues in consultation with the Ministry of Finance, Department of Expenditure vide their U.O. No. 517/EV/99, dated 3rd June, 1999.
[ G.I., Dept of Pen. & Pen. Wel., O.M. No. 1/6/98-P. & P.W.(E), dated the 15th July, 1999. ]
(27). Eligibility of divorced/widowed daughter for grant of family pension. -As per clauses (ii) and (iii) of sub-rule (6) of Rule 54 of the C.C.S (Pension) Rules, 1972 read with clause (b) of para 7.2 of this Department's O.M. No.45/86/97-P&PW (A)-Part I dated the 27th October 1997, son/daughter including widowed/divorced daughter shall be eligible for grant of family pension till he/she attains the age of 25 years or up to the date of his/her marriage/remarriage, whichever is earlier (subject to income criterion to be notified separately). The income criterion has been laid down in this Department's O.M. No.45/51/97-P&PW (E) dated the 5th March 1998 according to which, to be eligible for family pension, a son/daughter (including widowed/divorced daughter) shall not have an income exceeding Rs.2,550 per month from employment in Government, the private sector, self employment etc. Further orders were issued vide this Department's O.M. No.45/51/97-P&PW (E) (Vol.II) dated 25th July 2001 regarding eligibility of disabled divorced/widowed daughter for family pension for life subject to conditions specified therein.
2. Government has received representations for removing the condition of age limit in favour of divorced/widowed daughter so that they become eligible for family pension even after attaining the age limit of 25 years. The matter has been under consideration in this Department for sometime. In consultation with the Ministry of Finance, Department of Expenditure and the Ministry of Law and Justice, Department of Legal Affairs etc., it has now been decided that there will be no age restriction in the case of the divorced/widowed daughter who shall be eligible for family pension even after their attaining 25 years of age subject to all others condition prescribed in the case of son/daughter. Such daughter, including disabled divorce/ widowed daughter shall, however, not be required to come back to her parental home as stipulated in Para 2(ii) of this Department's O.M. dated 25th July 2001,which may be deemed to have been modified to that extent.
3. This issue will be concurrence of the Ministry of Finance, Department of Expenditure vide I.D.N0.98/E.V/2004 dated 13-12-2004.
4. These order, in so far as they apply to the employees of Indian Audit and Accounts Department, are issued in the consultation with the Comptroller and Auditor General of India vide U.O. No.67 Audit (Rules)/37-99 dated 20-5-2004.
[ D/o P&PW O.M. No. 1/19/03-P&PW (E) dated 25-8-2004.]
(28). Ceiling on two family pensions admissible to child/children of deceased Government servant under rule 54 (11) of the CCS (Pension) Rules, 1972 -Consequent upon the revision of the rates and minimum and maximum limits of the family pension following the implementation of the recommendations of the Fifth Central Pay Commission, the question of revision of the maximum of ceiling on two family pension admissible under sub-rule (11) of Rule 54 of the Central Civil Services (Pension) Rules, 1972 to child/children, where both of his/their deceased parents were Government servants and governed by the said rules, has been under consideration in this Department.
2. After careful consideration the Government has decided to revise the existing limits on two family pensions as follows:-
(i) The existing maximum limit of Rs.2500 (Rupees Two thousand five hundred) per month laid down in sub rule (11)(a)(i) revised upwards to Rs.15000 (Rupees Fifteen thousand) per month.
(ii) The existing maximum limit of Rs.2500 (Rupees Two thousand five hundred) per month laid down in sub-rule (11)(a)(ii) revised upwards to Rs.15000 (Rupees Fifteen thousand) per month
(iii) The existing maximum limit of Rs.1250 (Rupees One thousand two hundred fifty) per month laid down in sub-rule 11(b) revised upwards to Rs.9000 (Rupees Nine thousand) per month
3. These orders shall be deemed to have taken effect from the 1st January 1996. The relevant rules under the Central Civil Services (Pension) Rules, 1972 are being amended suitably.
4. These order do not apply to Railway employees, persons paid from Defence Services estimated and the members of the All India Services. Separate orders in there respect would be issued by the respective Ministries/Departments.
5. In their application to the families of pensioners who retired/retire from Indian Audit and Accounts Department these orders have been issued after consultation with the Comptroller and Auditor General of India.
6. These orders issue with the concurrence of the Ministry of Finance, Department Of Expenditure vide there U.O.No.810/EV/2003 dated 17-10-2003.
[D/O P&PW O.M. No. 45/1/2001-P&PW(E) dated 30-06-2005 ]
(i) Relief against price rise may be granted to the pensioners and family pensioners in the form of dearness relief at such rates and subject to such conditions as the Central Government may specify from time to time.
(ii) If a pensioner is re-employed under the Central or State Government or a Corporation/Company/ Body/ Bank under them in India or abroad including permanent absorption in such Corporation/Company/Body/Bank, he shall not be eligible to draw dearness relief on pension/family pension during the period of such re-employment.(Admissible in same cases -Refer to DP&PW's O.M. no. 45/73/97 - P&PW(G) dated 2-7-1999)
What Age Can You Draw Your Spouse& 39
Source: https://persmin.gov.in/pension/rules/pencomp7.htm
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