Family Members of Missing Govt Employees Eligible for Compassionate Appointment
Family members of a missing government employees or beneficiary will get all wages as well as pension, gratuity and leave encashment among others, the central government has same. Members of the family of a government employees or beneficiary abducted by insurgents and terrorists also will be eligible to all or any financial edges given by the govt, in line with a contemporary set of directions issued last week by the Ministry of Personnel, Public Grievances and Pensions. However, members of the family of these staff World Health Organization disappear once committing frauds or crime etc. won’t be entitled to pension or the other edges.
Ministry of Personnel, Public Grievances and Pensions, Department, of ‘ Pension & Pensioners’ Welfare O.M. No. 1/17/2011~P& PW (E) dated twenty five,.06.2013 on the higher than subject has ‘been uploaded within the public folder of Exchange Server underneath Audit Rules. “The report could also be a primary data Report or the other report like a Daily Diary or General Diary Entry,” it said. “An Indemnity Bond ought to be taken from the politico or dependents of the employees, beneficiary or family beneficiary that every one payments are adjusted against the payments because of the employees, beneficiary or family beneficiary just in case she or he seems on the scene and makes any claim,” it same within the direction issued to all or any central government ministries.
Central Civil Services – (Pension) Rules, 1972
(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.
- 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 fulfilment of conditions prescribed in the succeeding paragraphs.
- 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.
- The head of office will assess all government dues outstanding against the government servant and effect their recovery in accordance with Rule 71of CCS (pension) rules, 1972 and other instructions in force for effecting recovery of government dues.
- 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 affected 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 disappearance 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.
Also Read- Compassionate Appointment
[G.I., Dept. of Posts, Circular Letter No. 4-52/86-Pen, dated the 3rd March, 1989.]
(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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
“In the case of a missing employees or beneficiary or family beneficiary, the family will apply for the grant of family pension, quantity of pay due, leave encashment due and also the quantity of GPF and gratuity (whatever has not already been received) to the top of workplace of the organisation wherever the employees or beneficiary had last served, six months once lodging of police report,” it said. In line with the direction, the family should lodge a report with the involved police headquarters and acquire a report from the police, that the employees or beneficiary or family beneficiary has not been copied despite all efforts created by them.
The retirement gratuity is paid to the family among 3 months of the date of application. Just in case of any delay, the interest shall be paid at the applicable rates and responsibility for delay shall be fastened. The distinction between the death gratuity and retirement gratuity shall be collectable once the death of the employees is once and for all established or on the ending of the amount of seven years from the date of the police report, it said.
“The quantity of pay due, leave encashment due and also the quantity of GPF are paid to the family within the initial instance as per the nominations created by the employees or beneficiary on filing of a police report associate degreed submission of an indemnity bond,” the directive same.
For case specific advice, please contact Best Service Lawyers of Chandigarh Panchkula Mohali for Compassionate Appointment related cases in High Court Punjab Haryana, Armed Forces Tribunal (AFT) Chandigarh Bench & Central Administrative Tribunal (CAT) Chandigarh.
This post is written Aman Dube.
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