WHERE TO FIND

WHAT PRESENTATION
Prepared By
G. Vinod Simha
OT Code B11

Case
Shri Fakir Chand is an officer who has been in
Government service for the last 26 years. He dies
in an accident. 15 days later a lady arrives at the
office claiming that she had been living with Shri
Fakir Chand for the last 6 years. She claims that
Shri Fakir Chand is father of her 2 year old son.
She claims gratuity and other benefits payable
after Shri Fakir Chands death. Examination of
Service Book of Shri Fakir Chand reveals that
there is no valid nomination.

How would you process the case?

Assumptions
Belongs to

Fakir
Chand
(FC)

Sh. Fakir Chand may be reffered as

FC.

The unknown lady may be referred

as X and the child may be referred as
Y.

As per the statement, Examination of

Service Book of Shri Fakir Chand
reveals that there is no valid
nomination.
i.e. nomination made in the Service
book doesnt subsist.
It may not be valid due many reasons:

D/o
Fertilizer
s

Parent Dept.

Nominee is no more alive.

Nominee has been declared lunatic.

Rules

CCS Pension Rules, 1972 are applicable to

Government Servant employees appointed on or
before 31st December 2003 and can be referred
in pension related matters.

Eligibility
As per the Sub-rule (50) 1 (b) of CCS Pension Rules, 1972.
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:- Rate of death gratuity
Length of

Service
<1 Yr.

2XE

>=1 but < 5 Yrs.

6XE

>= 5 but < 20

Yrs.

12 X E

>= 20 Yrs.

Half of emoluments for every

completed six-monthly period of
qualifying service subject to a
maximum of 33 times of
emoluments.

Subject to maximum of Rs. 10 Lakh rupees.

[ G.I., Dept. of Pen. & P.W., Notification No.38/80/08-P&PW(A) dated 8th June 2011.

Family
Sub-Rule 50 (6) defines the family for the purpose

of receiving the death gratuity as follows:

i)

wife or wives [including judicially separated wife or wives] in the case of

a male Government servant.
ii)
husband, [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.
xi) children of a pre-deceased son.

Who can receive gratuity - I

As per Sub-rule (51) 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.

As per Sub-rule (51) 1 (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.

Who can receive gratuity - II

As per Rule (52)
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 [retirement gratuity/death gratuity] payable in
respect of such Government servant [under Rule 50 shall
lapse to the Government:
Provided that the amount of death gratuity/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].

Present scenario
X is claiming for the gratuity and other benefits after the
death of Sh. Fakir Chand.
Service book of Sh. Fakir Chand doesnt contain valid
nomination.
In such a case X can go to court to obtain the Succession
Certificate.
Gratuity/ Pension/ Other benefits can be withhold till the
claim of X is validated.

Various possibilities
FC

Had no
family

Had family

X
X obtains
obtains
Succession
Succession
Certificate
Certificate

X
X doesnt
doesnt obtain
obtain
Succession
Succession
Certificate
Certificate

X
X obtains
obtains
Succession
Succession
Certificate
Certificate

X
doesnt obtain
X doesnt
obtain
Succession
Succession
Certificate
Certificate

She
She becomes
becomes the
the
part
part of
of family
family

She
She is
is not
not the
the part
part
of
of family
family

Gratuity
Gratuity given
given to
to
X
under
X under
Sub-Rule
Sub-Rule (52)
(52)

Gratuity
Gratuity will
will lapse
lapse
under
under
Sub-Rule
Sub-Rule (52)
(52)

Gratuity
Gratuity
distributed
distributed under
under
Sub-Rule
(51)
Sub-Rule (51) 1
1
(b)
(b)

Gratuity
Gratuity
distributed
distributed under
under
Sub-Rule
(51)
Sub-Rule (51) 1
1
(b)
(b)

Payment of pension
As per the various possibilities discussed earlier pension
can be paid to eligible member(s) as per Rule (54) of CCS
Pension Rules, 1972.

References

Swamys book on Pension Compilation.

Central Civil Services (Pension) Rules,
(Published by DoPT).

1972

Delegation of Financial Powers, 2005

By Department of Expenditure, Ministry of
Finance, Government of India.

Competent Authority
As per Sub-Rule 80A (2) of CCS Pension Rule, 1972
The Head of Office shall disburse the provisional family
pension (including arrears, if any) and the gratuity
immediately after the same have been drawn.
So for the purpose of granting gratuity/pension
Head of Office is the competent authority.

Questions