Grant of family pension, gratuity, etc. to family of a missing Government servant or pensioner or family pensioner under the Central Civil Services Pension Rules, 2021 – DoP&PW OM dated 26.10.2022
F. No. 1/1(1))/2022-P&PW (E)
Government of India
Ministry of Personnel, PG & Pensions
Department of Pension & Pensioners’ Welfare
3rd Floor, Lok Nayak Bhawan
Khan Market, New Delhi-110 003
Dated: 26.10.2022
Office Memorandum
Subject: Provisions regarding grant of family pension, gratuity, etc. to family of a missing Government servant or pensioner or family pensioner under the Central Civil Services (Pension) Rules, 2021.
The undersigned is directed to say that Department of Pension has notified the Central Civil Services (Pension) Rules, 2021 in supersession of the Central Civil Service (Pension) Rules, 1972.
2. In accordance with Rule 51 of the Central Civil Service (Pension) Rules, 2021, in the case of a Government servant or a pensioner or a family pensioner, who goes missing, family pension is payable to a member or members of the family. On disappearance of a Government servant while in service, family pension (including enhanced family pension) is payable from the date following the date upto which leave was sanctioned to the Government servant before he went missing or from the date upto which pay and allowances have been paid to the Government servant or from the date on which a report has been lodged with the concerned Police Station in the form of First Information Report or a Daily Diary Entry or a General Diary Entry, whichever is the latest.
3. In the case of a pensioner who goes missing, family pension (including enhanced family pension, where applicable) is payable from the date following the date upto which pension has been paid to the pensioner who went missing or from the date on which a report was lodged with the concerned Police Station in the form of First Information Report or a Daily Diary Entry or a General Diary Entry, whichever is later.
4. In the case of a family pensioner who goes missing, family pension shall be payable from the date following the date upto which family pension has been paid to the family pensioner before he went missing or from the date on which a report was lodged with the concerned Police Station in the form of First Information Report or a Daily Diary Entry or a General Diary Entry, whichever is later.
5. In the case of a Government servant who goes missing or a retired Government servant who goes missing without receiving the retirement gratuity shall be payable to a member or members of the family in the manner and subject to the conditions applicable in the case of a Government servant who dies after retirement without receiving the retirement gratuity.
6. The claims for payment of family pension and gratuity are required to be submitted to the Head of Office by the member or members of the family eligible for family pension and nominees or members of family eligible to receive the amount of gratuity, after a report has been lodged with the concerned Police Station in the form of a First Information Report or a Daily Diary Entry or a General Diary Entry. The claims shall be accompanied by an Indemnity Bond in Format 8 along with a copy each of the report lodged with the concerned Police Station and the report obtained from the police to the effect that the Government servant or pensioner or family pensioner could not be traced so far despite all efforts made in, that regard.
7. The payment of family pension (including the arrears of family pension and the amount of retirement gratuity) shall not be made before the expiry of a period of six months from the date of lodging of report with the concerned Police Station.
8. In the case of a Government servant referred to in clause (a) of sub-rule (1) of Rule 51, death gratuity shall become payable after the death of the Government servant is conclusively established or on expiry of a period of seven years from the date of lodging of the report with the police, whichever is earlier. The difference between the amount of death gratuity and retirement gratuity shall be paid to the person or persons eligible for payment of death gratuity in accordance with these rules, not later than three months from the date of submission of claim for difference between the amount of death gratuity and retirement gratuity.
9. In addition to the family pension and retirement gratuity, the family of the Government servant shall also be entitled to receive arrears of pay and allowances or leave salary, if any, cash equivalent to leave salary and amount available in the General Provident Fund Account of the Government servant in accordance with the rules as applicable to a Government servant who dies during service.
10. The above provisions are not applicable in the case of a Government servant or a pensioner or a family pensioner who disappears and against whom allegation of fraud or embezzlement or any other crime is under investigation or who has been charged or convicted for such crimes.
11. All Ministries/Departments are requested that the above provisions regarding grant of family pension, gratuity, etc. to family of a missing Government servant or pensioner or family pensioner under the Central Civil Services (Pension) Rules, 2021 may be brought to the notice of the personnel dealing with the pensionary benefits in the Ministry/Department and attached/subordinate offices thereunder, for strict implementation.
(Vishal Kumar)
Under Secretary to Government of India
Tel: 24644632
To
All Ministries/Departments/Organisations (As per standard list).
COMMENTS