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sanjay hiremath   05 January 2022

Authorisation for payment of gratuity after death of Govt servant reg...

Sir,My sister unmarried and staying with my father while taking BSNL VRS in 2020 gave family particulars as father,one brother(myself) and sister with another brother's name missing.
She made main nominee as my sister for receiving Gratuity,pension arrears etc and expired recently in Oct2021 due to cancer illness.
As per CCS Rules Rule 50 subrule 6 states for family as her Spouse, children, Parents,unmarried daughters ,minor brothers, unmarried sisters.
Rule 53 subrule 1 states if Govt servant has family as per definition above then nominee should be done amongst one or more of the family members.
Rule 51 (1)(b)1 states that if one or more surviving family members exist Gratuity should be distributed equally.As per above only my father is surviving family member.
My query is whether my sister or my father is authorised for receiving my deceased sister's gratuity amount.


Learning

 3 Replies

Megha   07 January 2022

Hi,

Please note the following with regards to your query:

Clause (i) and (ii) of Rule 47(b) of the Central Civil Services (Pension) Rules, 2021 provide the following:

"(b) In case there is no such nomination or if the nomination made does not subsist, the gratuity shall be paid in the manner indicated below,

(i) if there are one or more surviving members of the family as in clauses (i), (ii), (iii), (iv) and (v) of the explanation below sub-rule (6) of rule 45, to all such members in equal shares; or

(ii) if there are no such surviving members of the family as in sub-clause (i) above, but there are one or more members as in clauses (vi), (vii), (viii), (ix), (x) and (xi) of the explanation below sub-rule (6) of rule 45, to all such members in equal shares.

As per Rule45(6)(vi), father can be a nominee.  Accordingly, your father will be entitled to your deceased sister's gratuity. 

Best regards,
Megha

sanjay hiremath   08 January 2022

The above statements are with respect to CCS Pension rules 2021 which has come in effect from the date of publication in gazette
e.,from 17th Dec 2021, I suppose . Whether it holds good to old CCS rules 1972 rules 50,51,52 and rule 53, please clarify as nomination done when old rules were in effect please.

Megha   08 January 2022

Hi,

The new pension rules apply to Government servants appointed on or before 31st day of December, 2003.  So if your sister was appointed before that date, the new rules would apply.


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