Pensioners Portal Orders - Grant of family pension and gratuity to the eligible member of the family of an employee/pensioner/family pensioner reported missing consolidated instructions - reg.

Pensioners Portal Orders - Grant of family pension and gratuity to the eligible member of the family of an employee/pensioner/family pensioner reported missing consolidated instructions - reg.

F.No.1/17/2011- P&PW(E)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Pension & Pensioners' Welfare

3rd Floor, Lok Nayak Bhavan,
Khan Market, New Delhi,
Dated 24th June, 2013 / 25 JUN 2013

Office Memorandum

Sub: Grant of family pension and gratuity to the eligible member of the family of an employee/pensioner/family pensioner reported missing consolidated instructions - reg.

The provisions regarding grant of gratuity and family pension to the members of families of the deceased Government servants/pensioners who were appointed on or before 31st December, 2003 and who are/were born on pensionable establishments are contained in Rules 50-54 of the Central Civil Services (Pension) Rules, 1972. The instructions regarding grant of family pension and gratuity under these rules to the eligible member of the family of an employee reported missing had been issued vide this Departments earlier office memorandum No.1/17/86-P&PW, dated 29th August, 1986. Clarifications amendments in this regard were issued vide OM No. 1/17/86-P&PW, dated 25th January, 1991 and 18th February, 1993 and OM No. 1/28/04-P&PW(E) dated 31st March. 2009 and  2nd July, 2010.O.M. of even number, dated 14th September, 2011 and OM No. 1/17/2010-P&PW(E), dated 2nd January, 2012.

2. A reference has been received in this Department to clarify whether in a situation where SHO gates that FIR is not required to be lodged in the case of person gone missing, the eligible member of the family can be granted family pension. The matter has been examined in consultation with the Ministry of Home Affairs. Section 154 (1) of the Criminal Procedure Code mandates filing of an FIR by the Police authorities on a report received of the commission of a cognizable offence. A missing person per se does not point to commission of a cognizable offence. In view of this. cognizance of a person's disappearance can be taken by the Head of Office on the basis of an authenticated Daily Diary (DD) General Diary Entry (GDE), filed by the Police authorities concerned, as per the practice prevalent in that State/UT.

3. It has now been decided to issue consolidated instructions in supersession of previous instructions regarding grant of family pension to the eligible members of family of the employee/pensioner/family pensioner reported missing and whose where about are not known. It includes those kidnapped by insurgents/terrorists but does not include those who disappear after committing frauds/crime etc.

3. In the case of a missing employee/pensioner family pensioner, the family can apply for the grant of family pension, amount of salary due, leave encashment due and the amount of GPF and gratuity (whatever has not already been received) to the Head of Office of the organisation where the employee pensioner had last served, six months after lodging of Police report. The family pension and or retirement gratuity 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 from the Police, that the employee/pensioner/family pensioner has not been traced despite all efforts made by them. The report may be a First Information Report or any other report such as a Daily Diary General Diary Entry.

(ii) An Indemnity Bond should he taken from the nominee dependents of the employee/pensioner/Family pensioner that all payments will be adjusted against the payments due to the employee/pensioner/family pensioner in case she/he appears on the scene and makes any claim.

5. In the case of a missing employee, the family pension, at the ordinary or enhanced rate, as applicable, will accrue from thc expiry of leave or the date up to which pay and allowances have been paid or the date of the police report. whichever is later. In the case of a missing pensioner family pensioner, it will accrue from the date of the police report or from the date immediately succeeding the date till which pension’ family pension had been paid, whichever is later.

6. The retirement gratuity will be paid to the family within three months of the date of application. In case of any delay, the interest shall be paid at the applicable rates and responsibility for delay shall be fixed. The difference between the death gratuity and retirement gratuity shall be payable after the death of the employee is conclusively established or on the expiry of the period of seven years from the date of the police report.

7. Before sanctioning the payment of gratuity, the Head of Office will assess all Government dues outstanding against the employee/pensioner and effect their recovery in accordance with Rule 71 of the CCS (Pension) Rules, 1972 and other instructions in force for effecting such recoveries.

8. The amount of salary due, leave encashment due and the amount of GPF will be paidly the family in the first instance as per the nominations made by the employee/pensioner on filing of a police report and submission of an indemnity bond as indicated above.

9. The benefits to be sanctioned to the family nominee of the missing employee/pensioner will be based on and regulated by the emoluments drawn by him / her and the rules orders applicable to him / her as on the last date he / she was on duty including authorised periods of leave.

10. Formats of separate Indemnity Bonds to be used in the case of missing employees, missing pensioners and missing family pensioners are available at this department's website www.persmin.nic.in.

sd/-
(Sujasha Choudhury)
Deputy Secretary

Source: www.persmin.nic.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D3/D03ppw/GrantofPension_250613.pdf]

Grant of family pension to the dependent - In case of pensioner Missing or Kidnapped

Grant of family pension to the dependent - In case of pensioner Missing or Kidnapped

No. 1/28/04-P&PW(E)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Pension & pensioners' Welfare
*********

Lok Nayak Bhavan,
New Delhi, the ^2nd July, 2010

Office Memorandum

Subject:       Grant of family pension to the dependent family members of a Government Servant/Pensioner reported missing - Reg.

          The undersigned is to invite a reference to this Department’s earlier O.M. No.1/17/86-P&PW dt. 29^th August, 1986 and the subsequent clarifications issued vide O.M. No.1/17/86-P&PW(E) dt. 18^th February, 1993, O.M. No.1/17/86-P&PW(C) dt. 25^th January, 1991 and O.M. No.1/28/04-P&PW(E) dt. 31^st March, 2009, detailing therein instructions concerning grant of family pension to the eligible family members of the Government servants/Pensioners who have suddenly disappeared and whose whereabouts are not known, after a period of one year, or Government servants who have been kidnapped by insurgents/ terrorists, after a period of six months, reckoned from the date of registration of the FIR with the Police Authorities.

2.         The staff side of the National Council (JCM) have been raising for quite sometime the issue concerning withdrawal of the mandatory condition of one year prescribed in regard to sanction of family pension to the eligible family members of the pensioners who are reported missing while on prigimage, tour, etc., and sanction the family pension to the eligible family members within a period of two months from the date of filling of the FIR with the police. This demand of the staff side is based on the premise that this kind of stipulation in the rules has been causing a great deal of hardship to the families of such missing pensioners.

3.         The matter has been considered in this Department in consultation with Ministry of Finance (Department of Expenditure). It has been observed from the earlier instructions issued in this regard by this Department that the same do not make any distinction between the Government servant and the pensioners but cover both of them for the purpose of grant of family pension. It has accordingly been decided that the family pension/retirement or death gratuity to the eligible family members of a Government servant/Pensioner reported missing and whose whereabouts are not known, may be sanctioned after a period of six months from the date of registration of an FIR with the Police. This, however, would be subject to the instructions regarding grant/disbursal of retirement or death gratuity, etc., as contained in this Department’s O.M. referred to above.

4.         This issues with the concurrence of the Ministry of Finance, Department of Expenditure vide their U.O. No.367/EV/2010 dated 15.06.2010.

5.        These orders, in so far as their applicability relates to the employees of the Indian Audit and Accounts Department, are being issued in consultation with the Comptroller and Audit General of India, vide their U.O.43-Audit(Rules) / 28-2009 dt. 21.06.2010.

6.         Hindi version will follow.

(K.S. Chibb)
Deputy Secretary to the Government of India

www.persmin.nic.in