CHAPTER (2024)

48. Retirementon completion of 30 years' qualifying service

(1) At any time after a Government servant has completed thirtyyears' qualifying service -

Provided that -

²Provided further that where the Government servantgiving notice under clause (a) of the preceding proviso is under suspension, it shall beopen to the appointing authority to withhold permission to such Government servant toretire under this rule :

³Provided further that the provisions of clause (a) ofthis sub-rule shall not apply to a Government servant, including scientist or technicalexpert who is -

unless, after having been transferred to India, he has resumed the charge of the postin India and served for a period of not less than one year.

(2) A Government servant, who has elected to retire under this ruleand has given the necessary intimation to that effect to the appointing authority, shallbe precluded from withdrawing his election subsequently except with the specific approvalof such authority :

Provided that the request for withdrawal shall be within theintended date of his retirement.

⁴(3) For the purpose of this rule the expression 'appointingauthority' shall mean the authority which is competent to make appointments to theservice or post from which the Government servant retires.

For consolidated instructions regarding premature retirement ofGovernment 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, datedthe 1st July, 1985, published as S.O. No. 3324 in the Gazette of India, dated the 20thJuly, 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 twentyyears' qualifying service, he may, by giving notice of not less than three months inwriting to the appointing authority, retire from service.

⁴Provided that this sub-rule shall not apply to aGovernment servant, including scientist or technical expert who is -

unless, after having been transferred to India, he has resumed the charge of the postin India and served for a period of not less than one year.

(2) The notice of voluntary retirement given under sub-rule (1) shallrequire acceptance by the appointing authority :

Provided that where the appointing authority does not refuse togrant the permission for retirement before the expiry of the period specified in the saidnotice, the retirement shall become effective from the date of expiry of the said period.

¹(3)- Omitted

(4) Government servant, who has elected to retire under thisrule and has given the necessary notice to that effect to the appointing authority, shallbe precluded from withdrawing his notice except with the specific approval of suchauthority :

Provided that the request for withdrawal shall be made before theintended 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 -

EXPLANATION. - For the purpose of this rule the expression "appointingauthority" shall mean the authority which is competent to make appointments tothe 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, datedthe 1st July, 1985, published as S.O. No. 3324 in the Gazette of India, dated the 20thJuly, 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

Instructions to regulate voluntary retirement

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(1) Instructionsto regulate voluntary retirement. - The following instructions will regulate thevoluntary retirement of Central Government servants :-

(i) Retirement without returning to duty whileon Leave not due. - If a Government servant retires under the scheme of voluntaryretirement while he is on leave not due, without returning to duty, the retirement shalltake effect from the date of commencement of the leave not due and the leave salary paidin respect of such leave not due shall be recovered as provided in Rule 31of the CCS (Leave) Rules, 1972.

(ii) Verification of qualifying service beforegiving notice. - Before a Government servant gives notice of voluntary retirement withreference to Rule 48-A, ofCCS(Pension) Rules 1972 he should satisfy himself by means of a reference to theappropriate administrative authority that he has, in fact, completed twenty years' servicequalifying for pension.

In order to ensure the correctness of the length of qualifyingservice for pension under the new scheme, it has been decided that the instructionscontained in DP & AR's OM-No 25013/14/77-estt(A) dated 5th January 1978, as amendedfrom time to time, shall be followed.

(iii) Guidelines for acceptance of notice. - Anotice of voluntary retirement given after completion of twenty years' qualifying servicewill require acceptance by the appointing authority if the date of retirement on theexpiry of the notice would be earlier than the date on which the Government servantconcerned could have retired voluntarily under the existing rules applicable to him [e.g.,FR 56 (k), Rule 48 of theCCS(Pension) Rules,1972, Article 459 of CSRs or any other similar rule]. Suchacceptance may be generally given in all cases except those (a) in which disciplinaryproceedings are pending or contemplated against the Government servant concerned for theimposition of a major penalty and the disciplinary authority, having regard to thecirc*mstances of the case, is of the view that the imposition of the penalty of removal ordismissal from service would be warranted in the case, or (b) in which prosecution iscontemplated or may have been launched in a Court of Law against the Government servantconcerned. If it is proposed to accept the notice of voluntary retirement even in suchcases, approval of the Minister-in-charge should be obtained in regard to Group `A' andGroup `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 givenby a Government servant requires acceptance by the appointing authority, the Governmentservant giving notice may presume acceptance and the retirement shall be effective interms of the notice unless, the competent authority issues an order to the contrary beforethe expiry of the period of notice.

(iv) Pension subject to future good conduct. - Thepension will be subject to the provisions of Rules 8 and 9 ofCCS(Pension) Rules, 1972.these Rules.

(v) Availing leave standing to credit alongwith notice period. - A Government servant giving notice of voluntary retirement mayalso apply, before the expiry of the notice, for the leave standing to his credit whichmay 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 andO.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, itcan not run correctly with the period of notice given by him for seeking voluntaryRetirement. In case, a Government servant applies for voluntary Retirement while alreadyon extra-ordinary leave other than on medical ground, the notice period need not beinsisted upon and has request may be accepted with immediate effect provided he is clearfrom vigilance angle. However, If a Government servant while already on extra-ordinaryleave on medical ground, applied for voluntary retirement, the notice period , if anygiven may be accepted and he may be allowed to retire after the expiry of the noticeperiod subject to vigilance clearance.

2. Temporary employees are also eligible to seek volunteerRetirement 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 onvoluntary 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 caseof 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

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 qualifyingservice.

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 thepension 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 theGazette 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) Finalamount of service gratuity to be rounded off to the next higher rupee. - With aview to simplifying the procedure for payment of service gratuity as admissible under Rule 49 (1) of the CCS (Pension) Rules, 1972, it has beendecided that the amount of service gratuity as finally calculated should be rounded off tothe next higher rupee.

[G.I., Dept. of P. & P.W., O.M. No. 7 (12)/85-P. & P.W., dated the 30thSeptember, 1986.]

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(2) Threemonths and above but less than six months treated as one - half year. - Theintention of sub-rule (3) of Rule 49 is that the periodof three months and above but less than six months would be treated as a completedone-half year and reckoned as qualifying service for determining of pension. The period ofnine months would, therefore, be two half years.

[D.O. No. 28 (15)/83-PU, dated the 13th October, 1983, from Shri K.S. Mahadevan, UnderSecretary to the Government of India, Ministry of Home Affairs, addressed to Shri P.Muthuswamy.]

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(3) Roundingoff of pension/family pension when payable to more than one person/payable for part of amonth. - 1. Rule 49 and 54 (2-A) of CCS (Pension) Rules, 1972, provide for fixationof pension and family pension at monthly rates and its expression in whole rupees wherethe pension contains a fraction of a rupee. A question was raised as to the manner inwhich family pension/pension in the following cases is to be rounded off :-

2. The matter has been examined in consultation with Departmentof Pension and PW and it is clarified that in respect of (a) above each share offamily pension resulting in a fraction of a rupee may be rounded off to next higher rupeeexcept in cases where family pension, if all the shares are put together exceed themaximum limit of family pension admissible. However in the exceptional and rare caseswhere the shares of family pension rounded as above when added cause an excess over themaximum limit, such cases should be referred to the Department of Pension and PW anddecided in consultation with that Department.

In respect of (b) above also the payment of pension for part of amonth 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 consultationwith the Department of Pension and Pensioners' Welfare and it is clarified that theexpression, "maximum family pension" should be understood to mean not the wholeamount of family pension payable in each case but the maximum family pension admissibleunder the rules, i.e., Rs. 1,250 at ordinary rates and Rs. 2,500 at enhanced rates. Thecases of family pension may, therefore, be decided accordingly before making reference tothe 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 Maximumamount 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) Minimumpension of Rs. 1275/- to be applied separtely for Civil Pension & Military Pension forre-employed Military Pensioners.

DP&PW's O.M. No.38/38/02-P&PW(A) dated 23-4-03

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(6) From1-4-2004, 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

Provided that the amount of retirement gratuity or death gratuitypayable under this rule shall in no case exceed ²[tenlakh rupees;]

Provided further that where the amount of retirement or deathgratuity as finally calculated contains a fraction of a rupee, it shall be rounded off tothe next higher rupee.]

(2) If a Government servant, who has become eligible for a servicegratuity or pension, dies within five years from the date of his retirement from serviceincluding compulsory retirement as a penalty and the sums actually received by him at thetime of his death on account of such gratuity or pension including ad hoc increase, ifany, together with the ²[ ] retirement gratuity admissible undersub-rule (1) and the commuted value of any portion of pension commuted by him are lessthan the amount equal to 12 times of his emoluments, a residuary gratuity equal to thedeficiency 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 thisrule, ⁵[ ] shall be reckoned in accordance with Rule 33:

⁶[Provided that if the emoluments of a Government servant have been reducedduring the last ten months of his service otherwise than as a penalty, average emolumentsas referred to in Rule 34 shall be treated as emolument.]

7(Prvided further that the dearness allowanceadmissible on the date of retirement ordeath 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 -

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 the6th August, 1988.
4. Deleted by G.I., Dept. of Per. & A.R., Notification No. 6 (1) Pension (A)/79, datedthe 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 the6th 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) dated8th 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) Roundingoff qualifying service of more than three months into a completed six-monthly periodapplies to both Pension and Death/Retirement Gratuity. - Point of doubt : Rule 49 (3) of Pension Rules provide for treating a periodof service of more than three months as completed six-monthly period of purpose ofcalculation of pension, but a similar provision is not available under Rule50 ibid.

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(2) Benefitsadmissible in cases of suicide also. - The Pension Rules do not prohibit the grantof family pension/death gratuity to the family of a Government servant who commitssuicide.

[G.I., M.F., Letter No. F. 29 (2)-E. V/56, dated the 11th September, 1956.]

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(3) Exemptionof Death/Retirement Gratuity from income tax. - Death/Retirement gratuity underthese 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 fiveyears qualifying service but less than twenty years qualifying service, and the spell oflast five years service has been verified and accepted by the Head of Office, the amountof death gratuity shall be equal to 12 times of deceased Government servant's emolumentsas indicated in clause (b) of sub-rule (1) of Rule 50. Where theverified and accepted service is less than five years of qualifying service, the amount ofdeath gratuity shall be equal to twice or six times of his emoluments as indicated inclause (b) of sub-rule (1) of Rule 50.

(ii) If the deceased Government servant hadrendered more than twenty years of service and the entire service is not capable of beingverified and accepted, but the service for the last five years has been verified andaccepted under sub-clause (i), the family of the deceased Government servant shall beallowed on provisional basis the death gratuity equal to 12 times of the emoluments. Finalamount of the gratuity shall be determined by the Head of Office on the basis of theentire spell of service which may be verified and accepted by the Head of Office within aperiod of six months from the date on which the authority for the payment of provisionalgratuity was issued. The balance, if any, becoming payable as a result of determination ofthe final amount of death gratuity shall then be authorised to the beneficiary orbeneficiaries.

[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) Extensionof Retirement/Death Gratuity benefits to employees governed by CPF Scheme. - 1.Central Government employees who are subscribing to Contributory Provident Fund are not atpresent eligible for Death/Retirement Gratuity admissible to the employees on pensionableestablishments. The Fourth Central Pay Commission have recommended that the benefit ofDeath/Retirement Gratuity may be extended to the Central Government employees governed byCPF 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, whowere in service on 1-1-1986, should be deemed to have come over to the Pension Scheme onand from that date unless they specifically opt out to continue under the CPF Scheme. Inthe case of Central Government employees who will continue under the CPF Scheme from1-1-1986, it has been decided that they will be entitled to retirement gratuity and deathgratuity at the same rate/scale as is admissible to temporary/quasi-permanent or permanentGovernment servants, as the case may be, borne on pensionable establishment.

3. These orders apply to all Civilian Central Government employeeswho are subscribing to the Contributory Provident Fund under the Contributory ProvidentFund 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 bythe respective administrative authorities. The concerned Administrative Ministries areadvised to issue these orders is consultation with the Department of Pension andPensioners' Welfare.

4. These orders do not apply to Central Government employees who, onre-employment, are allowed to subscribe to Contributory Provident Fund. These orders alsodo not apply to Central Government employees appointed on contract basis where thecontribution to the Contributory Provident Fund is regulated in accordance with the termsof 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) DAadmissible on the date of retirement/death shall be treated as "emoluments" forall 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 numberdated 4th December,2001

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(8) MaximumLimit 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 whomgratuity is payable

(2) If a Government servant dies after retirement without receivingthe gratuity admissible under sub-rule (1) of Rule 50 the gratuity shallbe 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 theshare of gratuity shall not be affected if the female member marries or re-marries, or thebrother attains the age of eighteen years, after the death of the Government servant andbefore receiving her or his share of the gratuity.

(4) Where gratuity is granted under Rule 50 to aminor member of the family of the deceased Government servant, it shall be payable to theguardian on behalf of the minor.

* Substitutd vide D/o. P&PW's Notificatin No.38/80/08-P&PW dated 8thJune 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 anominee 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 thedeceased 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 isactually disbursed, should be divided among the surviving members and the legal heirs ofthe 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 ofthe Transfer of Property Act, 1882, provides that if the donee of a gift dies beforeacceptance, the gift is void. In other words, the donee must be alive on the date of thegift and the representative of a person deceased at the date of the gift cannot take thegift from him. On this analogy the sanction of the gratuity in favour of a deceased personwould also be void at law. It would not vest the gift in the pre-deceased donee and wouldnot hence become part of his estate so as to pass on to his heirs by succession. It hasaccordingly been decided that, in the type of cases referred to, the share of the gratuityotherwise payable to a member of the family who has died or become disqualified beforereceiving actual payment, shall be distributed equally among the remaining members of thefamily.

Disbursing authorities should accordingly ascertain, before makingactual payment of a death/retirement gratuity whether all the member of the family inwhose favour the sanction was issued have continued to be qualified. If not, and if any ofthem is dead, the fact should be reported immediately to the sanctioning authority for theissue 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 ofminor'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 naturalguardian of the minor(s), and in the absence of a natural guardian, to the person whofurnishes a guardianship certificate.

2. In a case where payment of the minor(s)' share of death/retirementgratuity is to be made to the natural/legal guardian, in order to issue the necessarypayment 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 givenin the sanction letter, the Accounts Officer has to make enquiries on this point from thesanctioning authority, resulting in avoidable delay in the payment of death/retirementgratuity. To obviate such delays, the Ministry of Home Affairs, etc., are requested toensure that in future in all cases of this nature the aforesaid particulars are given inthe sanction letter itself.

3. The legal position as to whom the share of a minor in the capacityof minor's natural/legal guardian would be payable is explained as under -

[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 isnot, 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) Specialrelaxation for payment of minor's share without guardianship certificate, up to the extentof Rs. 10,000. - 1. Decision No. (3) lays down that the paymentof a minor's share of death/retirement gratuity is to be made to the person producing aguardianship certificate when there is no surviving parent or the surviving parent is aMuslim lady. It has been represented that in many cases, the production of guardianshipcertificate causes great inconvenience and entails delays in the settlement of the claims.

2. It has been decided in modification of the above decision thatpayment of death/retirement gratuity to the extent of Rs. 10,000 (or the first Rs. 10,000where the amount payable exceeds Rs. 10,000) in favour of a minor may be made to his/herguardian, in the absence of a natural guardian, without the production of a formalguardianship certificate but subject to the production of an indemnity bond with suitablesureties 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 primafacie grounds for making payment as in paragraph 2 above, to the person claiming it. Suchground can exist only if he is shown by a sworn declaration to be a de facto guardian andhis bona fides have been ascertained. Even if a guardian has not yet been appointed by theCourt, if the minor and his property are in the custody of some person, such person is inlaw a de facto guardian. The authorities making the payment should, therefore, require theperson who comes forward to claim payment on behalf of the minor, to satisfy them by anaffidavit that he is in charge of the property of the minor and is looking after it orthat, if the minor has no property other than the gratuity, the minor is in his custodyand care. The affidavit so to be produced is in addition to the indemnity bond withsuitable sureties.

4. The indemnity bond which is to be required to be produced by a defacto 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 indemnitybond will be borne by the Government. The indemnity bond should, therefore, be executed onany durable plain paper.

6. The indemnity bond should be signed by the obligor and thesurety/sureties or their respective attorneys appointed by power(s) of attorney. Theindemnity bond on behalf of the President should be accepted by an officer duly authorisedunder 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)...................................thewidow/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 (hereinaftercalled "the Sureties") are held firmly bound to the President of India(hereinafter called " the Government" ) in tthe sum ofRs........................ (Rupees...........................only) well and truly to bepaid to the Government on demand and without a demur for which payment we bind ourselvesand our respective heirs, executors, administrators, legal representatives, successors andassigns by these presents.

Signed this .................................day of..............................two thousand and...............................................

WHEREAS (c)..........................was at the time of his death inthe employment of the Government/receiving a pension at the rate ofRs.......................(Rupees..............................only) per month from theGovernment.

AND WHEREAS the said (c).....................died on the.....................day of ..................... 20..... and there was due to him at thetime of his death the sum of Rs.......................(Rupees.................................... only) for and towards share of his minor son/daughterin the death/retirement gratuity.

AND WHEREAS the Obligor claims to be entitled to the said sum as defacto guardian of the minor son/daughter of the said (c).......................but has notobtained till the date of these presents the certificate of guardianship from anycompetent 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 itwould cause undue delay and hardship if the Obligor be required to produce the certificateof guardianship from the competent Court of Law before payment to him of the said sum ofRs................................

AND WHEREAS the Government has no objection to the payment of thesaid sum to the Obligor but under Government Rules and Orders, it is necessary for theObligor to first execute a bond with one surety/two sureties to indemnify the Governmentagainst 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/suretieshave agreed to execute the bond in the terms and manner hereinafter contained.

NOW THE CONDITION OF THIS BOND is such that if after payment hasbeen made to the Obligor, the Obligor and/or the surety/sureties shall in the event of aclaim being made by any other person against the Government with respect to the aforesaidsum of Rs. refund to the Government the said sum ofRs.............................and shall otherwise indemnify and keep the Governmentharmless and indemnified against and from all liabilities in respect of the aforesaid sumand all costs incurred in consequence of the claim thereto THEN the above written bond orobligation 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 suretieshereunder shall not be impaired or discharged by reason of time being granted by or anyforbearance act or omission of the Government whether with or without the knowledge orconsent of the surety/sureties in respect of or in relation to the obligations orconditions to be performed or discharged by the Obligor or by any other method or thingwhatsoever which under the law relating to sureties, shall but for this provision have theeffect of so relating the surety/sureties from such liability nor shall it be necessaryfor the Government to sue the Obligor before suing the surety/sureties or either of themfor 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 haveset and subscribed their respective hands hereunto on the day, month and year abovewritten.

Signed by the abovenamed `Obligor' in the presence of

Signed by the abovenamed `Surety/Sureties'

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 thepresence of
.............................................................................................................................................................................................

(Name and designation of witness)

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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 servantwhile in service is eligible to receive gratuity in terms of Rule 51, is charged with the offence ofmurdering the Government servant or for abetting in the commission of such an offence, hisclaim to receive his share of gratuity shall remain suspended till the conclusion of thecriminal proceedings instituted against him.

(2) If on the conclusion of the criminal proceedings referred to insub-rule (1), the person concerned -

(3) The provisions of sub-rule (1) and sub-rule (2) shall also applyto 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[retirementgratuity/death gratuity]

Where a Government servant dies while in service or after retirementwithout receiving the amount of gratuity and leaves behind no family and -

the amount of ³[retirement gratuity/death gratuity] payable in respect ofsuch Government servant ⁴[under Rule 50 shall lapse to theGovernment :

Provided that the amount of death grauity/retirement gratuity shallbe payable to the person in whose favour a Succession Certificate in respect of thegratuity 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 the25th 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, datedthe 6th May, 1989.

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53. Nominations

(1) A Government servant shall, on his initial confirmation in aservice or post, make a nomination in Form 1 or 2, as may be, as appropriate in the circ*mstances ofthe case, conferring on one or more persons the right to receive the ³[retirementgratuity/death gratuity] payable under Rule 50 :

Provided that if at the time of making the nomination -

(2) If a Government servant nominates more than one person undersub-rule (1), he shall specify in the nomination the amount of share payable to each ofthe nominees, in such manner as to cover the entire amount of gratuity.

Provided that if at the time of making the nomination the Governmentservant has a family consisting of more than one member, the person so specified shall notbe a person other than a member of his family :

Provided further that where a Government servant has only one memberin his family, and a nomination has been made in his favour, it is open to the Governmentservant to nominate alternate nominee or nominees in favour of any person or a body ofindividuals, whether incorporated or not ;

(4) The nomination made by a Government servant who has no family atthe time of making it, or the nomination made by a Government servant under the secondproviso to clause (i) of sub-rule (3) where he has only one member in his family shallbecome invalid in the event of the Government servant subsequently acquiring a family, oran additional member in the family, as the case may be.

(5) A Government servant may, at any time, cancel a nomination bysending a notice in writing to the ¹[Head of Office] :

Provided that he shall, along with such notice, send a freshnomination made in accordance with this rule.

(6) Immediately on the death of a nominee in respect of whom nospecial provision has been made in the nomination under clause (i) of sub-rule (3) or onthe occurrence of any event by reason of which the nomination becomes invalid in pursuanceof clause (ii) of that sub-rule, the Government servant shall send to the ¹[Head of Office] a notice in writing cancellingthe nomination together with a fresh nomination made in accordance with this rule.

Provided that the Head of Office may authorise his subordinateGazetted Officers to countersign nomination forms of non-gazetted Government servants.

(8) Every nomination made, and every notice of cancellation given, bya Government servant shall, to the extent that it is valid, take effect from the date onwhich it is received by the ¹[Head ofOffice].

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 ofnominations and their safe custody. - Nominations for death/retirement gratuityand related notices are important documents on the basis of which the claims of thebeneficiaries have to be established and settled. Instances of cases have come to noticewhere nominations made by deceased officers and related papers were not traceable in theofficial records of the Head of the Office and were treated as lost. This defeats the verypurpose underlying nominations and causes inconveniences and delay all round. To obviatethe possibility of such losses in future, it has been decided that the nomination papersshould, after counter-signature, be kept in a separate confidential file which should belodged for safe keeping with the Head of Office or other responsible officer nominated byhim for this purpose, and a clear note made in the service book of the officer as to whatnominations and related notices have been received from him and where they have beenlodged for safe custody, so that there should be no difficulty in locating the documentswhen 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 theinterest of their nominees if they would preserve copies of the nominations made by themand of the related notices and acknowledgements, either in their personal custody or insafe deposit along with their other important personal documents, etc., where they may beexpected 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 aGovernment servant while in service or after retirement before receipt of thedeath/retirement gratuity. In those cases, where valid nominations already exist, theclaims 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 theGovernment servant but lost in office due to lack of proper care, the gratuity is payableto the members of the family in the manner prescribed in sub-rule (1) (b) ibid. A numberof cases have also come to notice of Government where Government servants having diedwithout making any valid nominations, the surviving members of their families approachcourts for grant of succession certificates in order to entitle them to their share of thegratuity. It may be clarified in this regard that payment of death/retirement gratuity tothe members of family of a deceased Government servant is normally to be made according tothe relevant service rules. While payment on the basis of a succession certificate woulddischarge Government's liability, a succession certificate does not necessarily create anobligation on the part of the Government to pay the amount. Such a claim can be resistedif it is otherwise not in order. Therefore, in order to save the families of theGovernment servants from the expenditure involved on the court fees for obtainingsuccession certificates and the inevitable delay which this process entails, theGovernment servants may be advised to file their nominations in the prescribed formswithout fail.

The Ministries/Departments and offices concerned are also requestedto review the service records of all their employees and ensure that nominations have beenobtained from all the Government servants, necessary entries made in their service booksas laid down in the orders referred to above and the relevant records preserved properlyto 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 successioncertificate is to get a legal document from the competent court so that the claims of therival parties can be settled once for all. This is a document which will enable theDepartment to pay the dues, etc., to the rightful claimant. If the Department is notsatisfied with the legal right of the claimant, they have got every right to approach thecompetent court to decide the claims in accordance with the law. In other words, if theDepartment feels that the succession certificate has not been issued as per law then theyhave every right to follow up the procedure after reconsidering the nature.

However, we have dealt with the aspect in the above para. on therelated aspect and Department is supposed to obtain legal opinion as and when a concretecase arises. If necessary, matter may be discussed.

[Min. of Law (Dept. of Legal Affairs), U.O. No. 23/26/88-Adv. (B), dated the 2ndAugust, 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 –

NOTE. - The provisions of this rule will also extend, from 22nd September, 1977, toGovernment servants on pensionable establishments who retired/died before 31-12-1963, asalso to those who were alive on 31-12-1963, but had opted out of 1964 Scheme.]

(2) Subject tothe provisions of sub-rule 13-B and without prejudice to the provisions contained insub-rule (3), where a Government servant dies -

(i)aftercompletion of one year of continuous service; or

(ii)beforecompletion of one year of continuous service, provided the deceased Government servantconcerned immediately prior to his appointment to the service or post was examined by theappropriate medical authority and declared fit by that authority for Government service ;or

(iii)afterretirement from service and was on the date of death in receipt of a pension, orcompassionate allowance, referred to in these rules,

the family of the deceasedshall be entitled to Family Pension (hereinafter in this rule referred to as familypension)under the Family Pension Scheme for Central Government Employees, 1964, theamount of which shall be determined at a uniform rate of 30% of basic pay subject to aminimum of three thousand and five hundred rupees per mensem and a maximum of twenty-seventhousand rupees per mensem.

EXPLANATION - The expression`one year of continuous service' wherever it occurs in this rule shall be construed toinclude `less than one year of continuous service' as defined in clause (ii).

(2-A) Theamount of family pension shall be fixed at monthly rates and be expressed in whole rupeesand where the family pension contains a fraction of a rupee, it shall be rounded off tothe next higher rupee :

Provided that in no case afamily pension in excess of the maximum prescribed under this rule shall be allowed.

(2B) In addition to family pension admissiblein accordance with sub-rules (2), (2A) and (3), after completion of eighty years of age orabove, additional family pension shall be payable in the following manner:-

Footnote: sub-rule (2)substituted and sub-rule (2B) inserted vide Notification No.38/80/2008-P&PW(A), dated8th 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 inservice after having rendered not less than seven years' continuous service, the rate offamily pension payable to the family shall be equal to 50 per cent of the pay last drawnand the amount so admissible shall be payable from the date following the date of death ofthe Government servant for a period of ten years.

(ii) In the event of death of aGovernment 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 theretired deceased Government servant would have attained the age of 67 years had hesurvived, whichever is less:

Provided that in no casethe amount of family pension determined under sub-clause (ii) shall exceed thepensionauthorised on retirement from Government service :

Provided further that wherethe amount of pensionauthorised on retirement is less than the amount of familypension admissible under sub-rule (2), the amount of family pension determined under thisclause shall be limited to the amount of family pension admissible under sub-rule (2).

EXPLANATION - For the purposeof this sub-clause, pension authorised on retirementincludes the part of the pensionwhich the retired Government servant may have commuted before death.

Footnote: Clause (a) ofsub-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.

(4) Wherean award under the Central Civil Services (Extraordinary Pension) Rules 1939, isadmissible, no family pension under this rule shall be authorised during the currency ofaward.

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 familypension is payable shall be as follows:-

(i) subject to firstproviso, 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 ageof twenty-five years or until he gets married or until he starts earning hislivelihood, whichever is the earliest;

(iii)subject to second and third provisos, in the case of an unmarried or widowed ordivorced daughter, until she gets married or remarried or until she starts earningher livelihood, whichever is earlier;

(iv) subject to sub-rule (10-A), in the caseof parents, who were wholly dependent on the Government servant immediately before thedeath of the Government servant, for life;

(v) Subject to sub-rule 10(B) and thefourth proviso, in the case of disabled siblings (i.e. brother and sister) who weredependent on the Government Servant immediately before the death of Government servant ,for life:

Provided that family pensionshall continue to be payable to a childless widow on re-marriage, if her income fromall other sources is less than the amount of minimum family pension under sub-rule (2) ofthis rule and the dearness relief admissible thereon:

Provided further that if theson or daughter of a Government servant is suffering from any disorder or disability ofmind including the mentally retarded or is physically crippled or disabled so as to renderhim or her unable to earn a living even after attaining the age of twenty-five years, thefamily pension shall be payable to such son or daughter for life subject to the followingconditions, namely:-

(i) if such son ordaughter is one among two or more children of the Government servant, the family pensionshall 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 untilthe last child attains the age of twenty-five and thereafter the family pension shall beresumed 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 bepayable to him or her, for life ;

(ii) if there are more thanone such children suffering from disorder or disability of mind including the mentallyretarded or who are physically crippled or disabled, the family pension shall be paid inthe order of their birth and the younger of them will get the family pension only afterthe elder next above him or her ceases to be eligible

Provided that where the familypension 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 orshe were a minor except in the case of the physically crippled son or daughter who hasattained the age of majority ;

(iv)before allowing the family pension for life to any such son or daughter, the appointingauthority shall satisfy that the handicap is of such a nature so as to prevent him or herfrom earning his or her livelihood and the same shall be evidenced by a certificateobtained from a Medical Board comprising of a Medical Superintendent or a Principal or aDirector or Head of the Institution or his nominee as Chairman and two other members, outof which at least one shall be a Specialist in the particular area of mental or physicaldisability including mental retardation setting out, as far as possible, the exact mentalor physical condition of the child;

(v)the person receiving the family pension as guardian of such son or daughter or such son ordaughter 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 Directoror Head of the Institution or his nominee as Chairman and two other members, out of whichat least one shall be a Specialist in the particular area of mental or physical disabilityincluding mental retardation, once, if the disability is permanent and if thedisability is temporary, once in every five years to the effect that he or shecontinues to suffer from disorder or disability of mind or continues to be physicallycrippled or disabled;

(vi)in the case of a mentally retarded son or daughter, the family pension shall be payable toa person nominated by the Government servant or the pensioner, as the case may be, and incase no such nomination has been furnished to the Head of Office by such Governmentservant or pensioner during his lifetime, to the person nominated by the spouse of suchGovernment servant or family pensioner, as the case may be, later on and the GuardianshipCertificate issued under section 14 of the National Trust Act,1999 (No.44 of 1999), by alocal level Committee, shall also be accepted for nomination or appointment of guardianfor 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 grantor continuance of family pension to an unmarried or widowed or divorced daughter beyondthe age of twenty-five years or until she gets married or re-married or until she startsearning her livelihood, whichever is the earliest, shall be subject to the followingconditions, namely:-

(i) the family pensionshall be initially payable to the minor children (mentioned in clause

(ii) or clause (iii) of thissub-rule) in the order set out in clause (iii) of sub-rule (8) of this rule until the lastminor child attains the age of twenty-five years; and

(ii) there is nodisabled child eligible to receive family pension in accordance with the second proviso ofthis sub-rule:

Provided also that suchdisabled siblings shall be eligible for family pension for life in the same manner andfollowing the same disability criteria, as laid down in this rule in the case of son ordaughter of the Government employees or pensioners suffering from any disorder ordisability of mind (including mentally retarded) or physically crippled or disabled, so asto render him or her unable to earn a living even after attaining the age of twenty-fiveyears.

EXPLANATION 1 .- An unmarriedson or an unmarried or widowed or divorced daughter, except a disabled son or daughtershall become ineligible for family pension under this sub-rule from the date he or shegets married or remarried.

Footnote: The word"daughter" substituted by the words "daughter, except a disabled son ordaughter" 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 familypension payable to such a son or a daughter or parents or siblings shall be stopped if heor 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 furnisha 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 notyet married or remarried and a similar certificate shall be furnished by a childless widowafter her re-marriage or by the disabled son or daughter or by parents to the Treasury orBank, as the case may be, once in a year that she or he or they have not started earningher or his or their livelihood.

Footnote: The words "herremarriage or parents" substituted by the words "her re-marriage or by thedisabled 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 bedeemed to be earning his or her livelihood if his or her income from other sources isequal to or more than the minimum family pension under sub-rule (2) of this rule and thedearness relief admissible thereon.

EXPLANATION 5 .- Parent shallbe deemed to be dependent on the Government servant if their combined income is less thanthe minimum family pension under sub-rule (2) of this rule and the dearness reliefadmissible thereon.

EXPLANATION 6 - Disabledsibling shall be deemed to be dependent on the Government servant if their income is lessthan the minimum family pension admissible under sub-rule (2) of this rule and dearnessrelief thereon.

EXPLANATION 7 - Family pensionpayable to a childless widow shall be stopped if, after re-marriage, her income fromall other sources becomes equal to or exceeds the amount of minimum family pension undersub-rule (2) of this rule and the dearness relief admissible thereon.

Footnote: sub-rule (6) substituted vide NotificationNo.38/80/2008-P&PW(A), dated 8th June, 2011, published as GSR 176, dated the 11thJune, 2011.

Provided that if the widow isnot survived by any child, her share of the family pension shall not lapse but shall bepayable to the other widows in equal shares, or if there is only one such other widow, infull, to her.

Provided that on the share orshares of family pension payable to such a child or children or to a widow or widowsceasing to be payable, such share or shares shall not lapse, but shall be payable to theother widow or widows and/or to other child or children otherwise eligible, in equalshares, or if there is only one widow or child, in full, to such widow or child.

Provided that on the share orshares of family pension payable to such a child or children or to a widow or widowsceasing to be payable, such share or shares, shall not lapse, but shall be payable to theother widow or widows and/or to the other child or children otherwise eligible, in equalshares, or if there is only one widow or child, in full, to such widow or child.

(d) where the family pension ispayable to twin children it shall be paid to such children in equal shares :

Provided that when one suchchild ceases to be eligible his/her share shall revert to the other child and when both ofthem cease to be eligible the family pension shall be payable to the next eligible singlechild/twin children.

(iii)family pension to the children shall be payable in the order of their birth and theyounger of them will not be eligible for family pension unless the elder next abovehim/her has become ineligible for the grant of family pension :

Provided that where the familypension 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) Wherea deceased Government servant or pensioner leaves behind more children than one, theeldest eligible child shall be entitled to the family pension for the period mentioned inclause (ii) or clause (iii) of sub-rule (6), as the case may be, and after the expiry ofthat period the next child shall become eligible for the grant of family pension.

(10) Wherefamily pension is granted under this rule to a minor, it shall be payable to the guardianon behalf of the minor.

(10-A)(a) Family pension tothe parents shall be payable if the parents were wholly dependent on the Governmentservant immediately before his or her death and the deceased Government servant is notsurvived by a widow or an eligible child.

(b) The family pension, whereveradmissible to parents, will be payable to the mother of the deceased Government servantfailing which to the father of the deceased Government servant.

(10-B) Family pension to thedependent disabled siblings shall be payable if the siblings were wholly dependent uponthe Government servant immediately before his or her death and deceased Government servantis 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) Incase both wife and husband are Government servants and are governed by the provisions ofthis rule and one of them dies while in service or after retirement, the family pension inrespect of the deceased shall become payable to the surviving husband or wife and in theevent of the death of the husband or wife, the surviving child or children shall begranted the two family pensions in respect of the deceased parents, subject to the limitsspecified below, namely, -

(a) (i) ifthe surviving child or children is or are eligible to draw two family pensionsat the rate mentioned in sub-rule (3),the amount of both the family pensions shall belimited to forty-five thousand rupees per mensem;

(ii) if one of the familypensions ceases to be payable at the rate mentioned in sub-rule (3), and in lieuthereof the family pension at the rate mentioned in sub-rule (2) becomes payable, theamount of both the pensions shall also be limited to forty-five thousandrupees per mensem;

(b) if both thefamily pensions are payable at the rates mentioned in sub-rule (2), the amount of twofamily 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 afemale Government servant or male Government servant dies leaving behind a judiciallyseparated husband or widow and no child or children, the family pension in respect of thedeceased shall be payable to the person surviving :

Provided that where in a casethe judicial separation is granted on the ground of adultery and the death of theGovernment servant takes place during the period of such judicial separation, the familypension shall not be payable to the person surviving if such person surviving washeld guilty of committing adultery .

11-B(a) Where a female Government servant or male Government servant diesleaving behind a judicially separated husband or widow with a child or children, thefamily pension payable in respect of deceased shall be payable to the survivingperson provided he or she is the guardian of such child or children.

(b) Wherethe surviving person has ceased to be the guardian of such child or children, such familypension shall be payable to the person who is the actual guardian of such child orchildren.

(c) Subject tothe proviso to or of sub-rule (11-A), after the child or children cease to be eligible forfamily pension under this rule, such family pension shall become payable to the survivingjudicially separated spouse of the deceased Government Servant till his or her deathor remarriage, whichever is earlier.

Footnote: Clause (c) ofsub-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 whilein service, is eligible to receive family pension under this rule, is charged with theoffence of murdering the Government servant or for abetting in the commission of such anoffence, the claim of such a person, including other eligible member or members of thefamily to receive the family pension, shall remain suspended till the conclusion of thecriminal proceedings instituted against him.

(b) If onthe conclusion of the criminal proceedings referred to in clause (a), the person concerned–

(c) Theprovisions of clause (a) and clause (b) shall also apply for the family pension becomingpayable on the death of a Government servant after his retirement.

(13) Thead 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, shallnot 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) Forthe purposes of this rule, -

NOTE 1. - Deleted.

NOTE 2. - Deleted.

²[Providedthat the element of dearness allowance which has been treated as dearness pay under theministry 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) ofclause (b) of sub-rule (14) substituted vide Notification No.38/80/2008-P&PW(A), dated8th June, 2011, published as GSR 176, dated the 11th June, 2011.

(15)Nothing contained in this rule shall apply to –

(16)Omitted.

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54.GOVERNMENT OF INDIA'S DECISIONS

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(1) Pension/gratuitypayable to a lunatic. - 1. When any sum is payable inrespect of pay, pension, gratuity or other similar allowance to any person (by the CentralGovernment or any State Government) and the person to whom the sum is payable is certifiedby a Magistrate to be lunatic, the Government Officer under whose authority such sum wouldbe payable, if the payee were not a lunatic, may pay so much of the said sum as he thinksfit to the person having charge of the lunatic and may pay the surplus, if any, or suchpart thereof, as he thinks fit for the maintenance of such members of the lunatic's familyas are dependent on him for maintenance.

2. The Government concerned, shall be discharged of all liability inrespect 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 hasbeen raised whether the payment of pension can be authorised to the second son or theeldest surviving unmarried daughter of the deceased Government servant if the eldestsurviving son gives his consent in writing to forgo his claim in favour of his youngerbrother or sister ; and whether the share of the death/retirement gratuity admissible to amember or members in whose favour the former may have forgone his/her claim. Thematter has been carefully considered and it has been decided that since Government wouldnot in such a case get a good discharge from the eldest son or other member of familyhaving a prior claim to the pension, the safer and more appropriate course would be tosanction 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 equalshares, as has been provided for in the rules even though any of the members may volunteror 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) Whenthe widow gives birth to an illegitimate child. - The widow of a Policemanwho was governed by the Extraordinary Pension Rules gave birth to an illegitimate childand a question was raised whether her family pension should be stopped. The pension wasnot payable only on her death or re-marriage, whichever occured earlier. As there was nolegal re-marriage, it was held by the Ministry of Law that the case should be disposed ofon the assumption that there has been no re-marriage and as such the pension wasaccordingly allowed to continue.

[G.I., M.F., U.O. No. 3006-E. V/51, dated the 11th May, 1951.]

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(4) Posthumouschild entitled to pension. - A doubt arose whether a posthumous child iscovered by the term `surviving kindred' in the application form for family extraordinarypension and whether or not such a child would be entitled to pension and otherpensionary benefits admissible under the various pension rules. It was held inconsultation with the Ministry of Law that the term `child' includes a posthumous child ofthe Government servant.

[G.I., M.F., U.O., No. 9614-E. V/66, dated the 2nd January, 1967.]

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(5) Paymentof family pension payable to a minor to the de facto guardianon production of Indemnity Bond. - 1. Decision No. (4) under Rule 51 was made applicable to familypension 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 bethe de facto guardian. Family Pension is, however, payable monthly and also forthe period till the minor attains the age of 18 years or the date of marriage in the caseof 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 theindemnity bond should be executed. It is clarified -

[D.G., P. & T., Letter No. 4/34/74-Pen., dated the 20th January, 1975, amended.]

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(6) Familypension throughout life admissible also to the physically/mentally handicapped children ofthose 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 issuffering from any disorder or disability of mind or is physically crippled or disabled soas to render him or her unable to earn a living even after attaining the age of 21 yearsin the case of a son and 24 years in the case of daughter (now 25 years in both cases) thefamily pension shall be payable to such son or daughter for life subject to the conditionslaid down therein. The said proviso was incorporated in the said rule vide NotificationNo. 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 grantof family pension to the sons/daughters of Government servants/pensioners who aresuffering from disorder or disability of mind, etc., where Government servantsretired/died before 30-9-1974. The matter has been considered carefully and it has beendecided 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 ordisabled so as to render them unable to earn a living be extended to such sons/daughtersof Government servants who retired/died before 30-9-1974.

3. These orders will take from 20th May, 1987 and no arrears will beadmissible.

[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 conditionof manifestation of the disability of children before retirement or death in harness ofthe Government servant for grant of family pension for life has been dispensed with.Representations have been received that in such cases difficulties are experienced onaccount of the fact that the disability of the child is not mentioned in the detailscontained 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 notcontain the names of children of the pensioner. Since only in the case of spouse of thepensioner the payment of the family pension becomes automatic on production of the deathcertificate and in other cases the family pension is to be authorized by the authority whosanctioned the original pension, the fact that the disability of any particular child isnot mentioned in the PPO should normally not impose any hardship. However, it hasbeen represented that in the case of a mentally handicapped child, it will bedifficult to claim family pension when his or her turn comes for payment of familypension. In order to expedite sanction of family pension in such cases, the followingprocedure is prescribed.

3. Where the names of eligible children have not been mentioned inthe PPO for various reasons like the pension was sanctioned prior to 1-1-1990, thechild is a post-retiral one or post-retiral manifestation of disability of the child, thepensioner, if he so desires, can furnish a list of eligible children to the pensionsanctioning authority, inter alia, indicating whether any child is handcapped ornot. 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 maybe preserved by the members of the family of the pensioner for production at thetime of submission of claim for family pension in their own turn to the pensionsanctioning authority. In case of mentally retarded children or minor who would drawpension through a guardian, the responsibility of producing this acknowledgement willdevolve on the guardian. The production of acknowledgement will, however, not be apre-condition to the processing of claims for family pension.

4. Ministry of Finance, etc., are requested to kindly bring this tothe 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 20thJanuary, 1993.]

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(8) Spouse ofthe deceased pensioner can furnish details of eligible children. - Representationshave been received about making eligible the spouse to furnish the details of eligiblechildren, including handicapped children, to the pension sanctioning authority where thesame was not furnished by the employee/pensioner.

2. The matter has been considered in this Department and it has been decided to allowthe spouse of the deceased pensioner/Government servant, if the details of such childrenwere not furnish by the latter, to furnish the details of eligible children to thepension 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 15^th January, 1999. ]

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(9) Productionof guardianship certificate is necessary for payment of family pension to physicallycrippled/disabled minor children and children suffering from any disorder or disability ofmind. - It is clarified that the existing stipulation in regard toguardianship certificates/appointment of guardians will continue to apply in respect ofthe physically crippled/disabled children who are minors and the children suffering fromany disorder or disability of mind as they are covered by the existing laws for thepurpose 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'swhereabouts are not known.1. A number of cases are referred to thisDepartment for grant of family pension to the eligible family members of employees whohave suddenly disappeared and whose whereabouts are not known. At present all such casesare 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 bedeemed to be dead and the retirement benefits cannot be paid to the family. This principleis based on Section 108 of the Indian evidence act which provides that when the questionis whether the man is alive or dead and it is proved that he has not been heard of for 7years by those who would naturally have heard of him if he had been alive, the burden ofproving 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 ofthe benefits due to the family has been causing a great deal of hardship. It has beendecided that (i) when an employee disappears leaving his family, the family can bepaid in the first instance the amount of salary due, leave encashment due and the amountof GPF having regard to the nomination made by the employee, (ii) after the elapse of aperiod of one year, other benefits like retirement or death gratuity/family pension mayalso be granted to the family subject to the fulfillment of conditions prescribed in thesucceeding paragraphs.

3.The above benefits may be sanctioned by the administrative ministry/department afterobserving the following formalities:-

(i)The family must lodge a report with the concerned police station and obtain a report thatthe 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 allpayments will be adjusted against the payment due to the employee in case he appears onthe scene and makes any claim.

4.The head of office will assess all government dues outstanding against the governmentservant and effect their recovery in accordance with rule 71 of CCS(pension) rules, 1972 and other instructions in force for effecting recovery of governmentdues.

5.The family can apply to the head of the office of the government servant for grant offamily pension and death/retirement gratuity, after one year from the date ofdisappearance of the government servant in accordance with the prescribed procedurefor sanction of family pension and death/retirement gratuity. In case the disbursem*nt ofdeath/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. ofP.&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 circ*mstancesand 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 governmentemployee being acquitted by the court of law or after the conclusion of the disciplinaryproceedings, etc. as the case may be.

[G.I., Dept. ofPosts, Circular Letter No. 4-52/86-Pen, dated the 3rd March, 1989.]

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(11)Family pension should be sanctionedfrom 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 memberof the family one year after the date of registering the FIR with the police and no familypension is paid for the intervening period of one year from the date the FIR is lodged tothe date the family pension can be sanctioned. This practice is causing hardship to thefamilies. It has now been decided that the family pension which, in pursuance of theearlier orders, will continue to be sanctioned and paid one year after the date of lodgingthe FIR, will accrue from the date of lodging the FIR or expiry of leave of the employeewho 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 usualprocedure 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 offamily pension, it will be ensured by the concerned authorities that family pension is notauthorized for any period during which payment of pay and allowances in respect of thedisappeared employee has been made.

[G.I., Dept. ofPen. & 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 anofficial's/pensioner's whereabouts are not known - further instructions. - Following certain doubts expressed by some Ministries/Departments in the applicationof 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, arecirculated.

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 missingpensioners mutatis mutandis.

3. The date of disappearance of the employee/pensioner will bereckoned from the date the First Information Report is lodged with the Police, and theperiod of one year after which the benefits of family pension and gratuity are to besanctioned will also be reckoned from this date. However, the benefits to be sanctioned tothe family, etc., of the missing employee will be based on and regulated by the emolumentsdrawn by him and the rules/orders applicable to him as on the last date he/she was on dutyincluding authorized periods of leave. "Family pension at normal/enhanced rates, asmay be applicable in individual cases, will be payable to the families of missingemployees." Family pension where sanctioned at pre-1-1-1986 rates will be revised andconsolidated, w.e.f. 1-1-1986 in terms of O.M. No. 2/1/87-PIC I, dated 16-4-1987 (notprinted), as amended from time to time.

4. In the case of missing pensioners, the family pension at the ratesindicated in the PPO will be payable and may be authorized by the Head of the Officeconcerned. Where the PPO does not contain this information, the Head of Office will takenecessary 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 notexceeding the amount which would have been payable as retirement gratuity if the personhad retired. The difference between retirement gratuity and death gratuity shall be,subsequently, payable after the death is conclusively established or on the expiry ofseven years period from the date of missing.

6. The indemnity bond to be obtained for this purpose from the familymembers, etc., will be in the formats enclosed with this Office Memorandum. Separateformats for use in the case of missing employees and missing pensioners have beenprescribed. These formats have been finalized in consultation with the Department of LegalAffairs.

7. Cases already settled otherwise than in accordance with thisOffice Memorandum need not be re-opened, unless such a re-opening will be to the advantageof the beneficiaries.

[G.I., Dept. of P. & P.W., O.M. No. 1/17/86-P. & P.W. (C), dated the 25thJanuary, 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 .....................inthe Ministry/Department/Office of ...........................is reported to have beenmissing since...........................(hereinafter) referred to as `missing Governmentservant') resident of ................(hereinafter called "the Obligor") and(d).................son/wife/daughter of Shri ..................... resident of................... and .............................. son/wife/daughter of........................... resident of .....................................the suretiesfor and on behalf of the Obligor (hereinafter called "the Sureties") are heldfirmly bound to the President of India (hereinafter called "the Government") inthe sum of Rs..........................(in words) equivalent of the amount on account ofpayment of salary, leave encashment, GPF, Retirement/Death Gratuity and each and every sumbeing the monthly family pension well and truly to be paid to the Government, on demandand without a demur together with simple interest @ ........... % p.a. from the date ofpayment thereof until repayment for which payment we bind ourselves and our respectiveheirs, executors, administrators, legal representatives, successors and assigns by thesepresents.

Signed this ......................... day of............................. one thousand nine hundred and ..........................

WHEREAS (c) ...................... was at the time of hisdisappearance in the employment of the Government receiving a pay at the rate ofRs...................... (in words) only per month from the Government.

AND WHEREAS the said (c) ..................... disappeared on the.......................... day of ...................... 19........and there was due tohim at the time of his disappearance the sum equivalent of (i) salary due (ii) leaveencashment, (iii) GPF and (iv) Retirement/Death Gratuity.

AND WHEREAS the Obligor is entitled to family pension atRs............................(Rupees............................only) plus admissibledearness relief thereon.

AND WHEREAS the Obligor has represented that he/she is entitled tothe aforesaid sum and approached the Government for making payment thereof of avoid unduedelay and hardship.

AND WHEREAS the Government has agreed to make payment of the saidsum of Rs...........................(in words) and monthly family pension @Rs............................(in words) only and relief thereon to the Obligor upon theObligor and the Sureties entering into a Bond in the above mentioned sum to indemnify theGovernment against all calims to the amount so due to the aforesaid missing Governmentservant.

AND WHEREAS the Obligor and at his/her request the Surety/Suretieshave agreed to execute the Bond in the terms and manner hereinafter contained.

NOW THE CONDITION OF THIS BOND is such that if after payment hasbeen made to the Obligor, the Obligor and/or the Surety/Sureties shall in the event of aclaim being made, by any other person or the missing employee on appearance, against theGovernment 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 refundto the Government the said sum of Rs.........................(in words) and each and everysum paid by Government as monthly pension and relief together with simple interest @................. % per annum and shall, otherwise, indemnify and keep the Governmentharmless and indemnified against and from all liabilities in respect of the aforesaid sumsand all costs incurred in consequence of the claim thereto THEN the above-written Bond orobligation 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 theSurety/Sureties hereunder shall not be impaired or discharged by reason of time beinggranted by or any forbearance act or omission of the Government whether with or withoutthe knowledge or consent of the Surety/Sureties in respect of or in relation to theobligations or conditions to be performed or discharged by the Obligor or by any othermethod or thing whatsoever which under the law relating to sureties would but for thisprovision shall have no effect of so releasing the Surety/Sureties from such liability norshall it be necessary for the Government to sue the Obligor before suing theSurety/Sureties or either of them for the amount due hereunder, and the Government agreesto bear the stamp duty, if any, chargeable on these presents.

IN WITNESS WHEREOF the Obligor and the Surety/Sureties hereto haveset and subscribed their respective hands hereunto on the day, month and yearabove-written.

Accepted for and on behalf of the President of India by.........................................................................................................
.............................................................................................................................................................................................

[Name and designation of the Officer directed or authorized in pursuance of, Article299 (1) of the Constitution, to accept the Bond for and on behalf of the President] in thepresence of.............................
............................................................................................................................................................................................
(Name and designation of witness)

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 retiredfrom the post of .................... in the Ministry/Department/Office of....................... and who was in receipt of pension from ....................... isreported to have been missing since ..................... (hereinafter referred to as`missing pensioner' resident of .....................(hereinafter called "theObligor") 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 ofIndia (hereinafter called "the Government") in each and every sum being thearrears of pension and monthly family pension and relief thereon well and truly to be paidto the Government, on demand and without a demur together with simple interest at the rateof ...................... % per annum from the date of payment until repayment for whichpayment we bind ourselves and our respective heirs, executors, administrators, legalrepresentatives, successors and assigns by these presents.

Signed this .................................. day of................................ one thousand nine hundred and..........................................

WHEREAS (c) ......................... was at the time of hisdisappearance a Central Government pensioner receiving a pension at the rate ofRs....................................(in words) only per month and relief thereon fromthe Government.

AND WHEREAS the said (c) ........................ disappeared on the....................... day of .................... 19............. and there was due tohim at the time of his disappearance the sum equivalent of arrears of pension due.

AND WHEREAS the Obligor is entitled to family pension atRs............................. (Rupees .............................. only) plusadmissible dearness relief thereon.

AND WHEREAS the Obligor has represented that he/she is entitled tothe aforesaid sum and approached the Government for making payment thereof to avoid unduedelay and hardship.

AND WHEREAS the Government has agreed to make payment of thesaid sum of Rs......................(in words) and the monthly family pension atRs................................(in words) plus relief thereon to the Obligor upon theObligor and the Sureties entering into a Bond in the above-mentioned sum to indemnify theGovernment against all claims to the amount so due to the aforesaid missing Governmentpensioner.

AND WHEREAS the Obligor and at his/her request the Surety/Suretieshave agreed to execute the Bond in the terms and manner hereinafter contained.

NOW THE CONDITION OF THIS BOND is such that if after payment hasbeen made to the Obligor, the Obligor and/or the Surety/Sureties shall in the event of aclaim being made, by any other person or the missing pensioner on appearance, against theGovernment with respect to the aforesaid sum of Rs.........................(in words) andthe sums paid by the Government as monthly family pension and relief as aforesaid thenrefund to the Government the said sum of Rs..........................(in words) andeach and every sum paid by Government as monthly family pension and relief together withsimple interest @...........% per annum and shall, otherwise, indemnify and keep theGovernment harmless and indemnified against and from all liabilities in respect of theaforesaid sums and all costs incurred in consequence of the claim thereto THEN theabove-written Bond or obligation shall be void and of no effect but otherwise it shallremain in full force, effect and virtue.

AND THESE PRESENTS ALSO WITNESS that the liability of theSurety/Sureties hereunder shall not be impaired or discharged by reason or time beinggranted by or any forbearance act or omission of the Government whether with or withoutthe knowledge or consent of the Surety/Sureties in respect of or in relation to theobligation or conditions to be performed or discharged by the Obligor or by any othermethod or thing whatsoever which under the law relating to sureties would but for thisprovision shall have no effect of so releasing the Surety/Sureties from such liability norshall it be necessary for the Government to sue the Obligor before suing theSurety/Sureties or either of them for the amount due hereunder, and the Government agreesto bear the stamp duty, if any, chargeable on these presents.

IN WITNESS WHEREOF the Obligor and the Surety/Sureties hereto haveset and subscribed their respective hands hereunto on the day, month and yearabove-written.

Accepted for and on behalf of the President of India by.........................................................................................................
.............................................................................................................................................................................................

[Name and designation of the Officer directed or authorized in pursuance of, Article299 (1) of the Constitution, to accept the Bond for and on behalf of the President] in thepresence of.............................
............................................................................................................................................................................................
(Name and designation of witness)

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(13)Second wife not entitled to the family pension as a legally wedded wife under the HinduMarriage Act. - The Department of Pension and Pensioners' Welfare have sinceclarified that the second wife will not be entitled to family pension as a legally weddedwife. 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., NEWDELHI.

An extract of the relevant advice given by the Ministry of Law inthe matter is enclosed. You may like to take necessary action in the matter accordingly.

EXTRACT

It is specifically a question arising under the HinduMarriage Act, 1955. Under Rule 54 (7) of the CCS (Pension) Rules, 1972, in case a deceasedGovernment servant leaves behind more than one widow or a widow and eligible offspringfrom another widow, they are entitled to family pension in respect of that deceasedGovernment servant. Section 11 of the Act provides that any marriage solemnized after thecommencement of the Act shall be null and void can be annulled against the other party bya 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 marriagecannot be legally solemnized when either party has a spouse living at the time of suchmarriage. Therefore, any second marriage by a Hindu male after the commencement of 1955Act during the lifetime of his first wife will be a nullity and have no legal effect. Suchmarriage cannot be valid on the ground of any custom. In fact, a custom opposed to anexpressed provision of law is of no legal effect. So under these circ*mstances, the secondwife will not be entitled to the family pension as a legally wedded wife.

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(14) Whenthe husband declines to accept family pension in any capacity. - A case hasbeen reported where on the death of a married woman employee, who left behind minorchildren, the husband of the deceased had declined to accept the family pension in anycapacity and also given his consent to pay the same to the real guardian of the deceased'schildren, i.e., his father-in-law. The widower was having another living wife at the timeof the death of the deceased Government servant.

The following point relating to the case was referred to theGovernment of India by this office. The Ministry of Finance in consultation with theMinistry of Law and Department of Personnel and Administrative Reforms have now issued theclarification below :

Point raised for clarification :

If the husband has another living wife at the time of death of afemale Government servant, it is the same as re-marriage and as such the husband of thedeceased female Government servant is not entitled to the Family Pension under Rule 54 (6) (i) of the CCS (Pension) Rules, 1972. Will itbe in order in the instant case to pay the family pension to the minor children throughthe 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 tothe minor children through the father of the deceased employee, i.e., their guardian, whenthe natural guardian, i.e., father of the children, is living. This is however, subject torecognition 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) Roundingoff 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 ofpension and family pension at monthly rates and its expression in whole rupees where thepension contains a fraction of a rupee. A question was raised as to manner in which familypension/pension in the following cases is to be rounded off:-

(a) In respect of family pension where the pensionis 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 amonth due to the death of a pensioner or for any other reasons where pension and reliefthereon becomes payable in fraction of a rupee.

2. The matter has been examined in consultation with Departmentof Pension and P.W. and it is clarified that in respect of (a) above, each share of familypension resulting in a fraction of a rupee may be rounded off to next higher rupee expectin cases where family pension, if all the shares are put together exceed the maximum limitof family pension admissible. However in the exceptional and rare cases where the sharesof family pension rounded as above when added cause an excess over the maximum limit, suchcases should be referred to the Department of Pension and PW and decided in consultationwith that Department.

In respect of (b) above also the payment f pension for part ofa 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 the9th October, 1990. ]

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(16) Familypension to post-retiral spouses. - According to Rule 54 (14) (b) (i) of the CCS (Pension).Rules,1972,thepost retiral spouses are not entitled to family pensioners, Smt. Bhagwanti, widow of aDefence pensioner and Smt. Sharda Swamy, widow of a Railway pensioner, who had marriedafter retirement, filed Writ Petition Nos. 1128 of 1988 and 1204 of 1988, respectively, inthe Supreme Court claiming that the benefit of the family pension scheme may also beextended to them. The Hon'ble Supreme Court in its judgment, dated 29-8-1989, allowed thepetitions of Smt. Bhagwanti and Smt. Sharda Swamy.

2. The matter regarding implementation of the judgment of the SupremeCourt has been considered by the Government. The President is, accordingly, pleased todecide that the benefit of Family Pension Scheme, 1964, will also be admissible to thepost-retiral spouses from the date following the date of death of the pensioner.

3. Life time arrears, wherever admissible, of family pension inrespect of spouses of the deceased post-retiral spouses would also be payable to theirfamily members/heirs where the spouse eligible for family pension was alive on the date ofeligibility and who died subsequent to that date, for the period from the date ofeligibility to the date of death.

4. The sanction of family pension and its payment will be regulatedin accordance with the procedure laid down in the CCS (Pension) Rules, 1972.

5. These orders do not apply to Railway employees, persons paid fromDefence Services estimates and the members of the All India Services. Separate order inrespect of them would be issued by the respective Ministries.

6. In their application to the families of pensioners whor*tired/retire from Indian Audit and Accounts Department, these orders have been issuedafter 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 (sinceamended).

[G.I., Dept. of P. & P.W., O.M. No. 1/87/89-P. & P.W./C, dated the 30thNovember, 1990.]

NOTE. - The benefit of the above OM, dated the 30th November, 1990, is admissible alsoto post-retiral spouses whose marriages were solemnized after retirement even before 30thNovember, 1990.

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(17) Regulationof past cases of family pension admissible to children born after retirement. - TheGovernment of India, Ministry of Personnel, Public Grievances and Pensions (Department ofPension and Pensioners' Welfare) have issued the following clarification in respect of theabove-mentioned points :-

[C. & A.G. of India, New Delhi, Letter No. 43-Audit. I/94-AI/90 KW (13), dated the18th January, 1991.]

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(18) Endorsem*ntof family pension entitlement of post-retiral spouses in the PPO - procedure for. - ReferenceDecision (17) above, the question of laying down the procedure for endorsem*nt of familypension entitlement of post-retiral spouse in the Pension Payment Order of the pensionerhas been under consideration of this Department. It has now been decided that thefollowing procedure may be followed for endorsem*nt of family pension entitlement of postretiral spouse in the Pension Payment Order of Central Government Civil Pensioners :-

The application will be submitted in the attached pro forma.

2. These orders do not apply to Railway employees, persons paid fromthe Defence Services Estimates and the members of All India Services. Separate orders inrespect of them would be issued by the respective Ministries.

3. In their application to the families of pensioner whor*tired/retire from Indian Audit and Accounts Department, these orders have been issuedafter 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 forendorsem*nt of particulars of spouse from post-retiral marriage and children born afterretirement in the PPO.
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(To be filled in triplicate and submitted to Head of Office, who processed pension papersinitially).

Sir,

I am to state that I have married/remarriedon...................................... I give below the requisite particulars, of myspouse for necessary endorsem*nt on my PPO.

I also enclose 3 copies of passport size joint photograph with myspouse duly attested for necessary action.

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(Please attach attested copies of birth certificates)

NOTE. - Attestation should be done by two Gazetted Government servants or by tworespectable persons in the town/village or pargana in which the applicant resides.

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