Family pension claim
MUJAHID ANSARI
(Querist) 10 October 2014
This query is : Resolved
Dear Sir,
Who will be the claimant in case of deceased employee who had made nomination in GPF,GIS,& Others to her wife but unintentionally forget to nominate her in Family Pension Nomination Schedule in Service Book. The dependent of deceased had also submit an affidavit for No Objection regarding payment to her mother for Family Pension.
So whether the Succession certificate would be mandate to claim the Family Pension and Gratuity by the claimant.
If not then what procedure to follow in order to claim the Family Pension.
Sudhir Kumar, Advocate 
(Expert) 11 October 2014
before death he has submitted a nomination. Maintenance of service book is the job of the deptt unless he himself was the dealing clerk of service book.
even if he is himself dealing clerk still non-updation is his professional lapse but as employee he has fulfilled his obligation.
Rajendra K Goyal
(Expert) 11 October 2014
Officially the name of wife is available in the record as nominee. Department should release family pension in her favor.
MUJAHID ANSARI
(Querist) 11 October 2014
Thank You sir for the opinion. Kindly guide me more in this issue.
Sir, the deceased is not the dealing clerk of service book.
The department are not considering for payment of Family Pension to her wife. They are asking for succession certificate. So, what procedure to be followed in order to get the certificate.
Sudhir Kumar, Advocate
(Expert) 11 October 2014
approach highest authority in deptt. Give representation in writing without which you cannot go to court.
Anirudh
(Expert) 11 October 2014
Which Department is asking?
In which city the office is located?
Raj Kumar Makkad
(Expert) 11 October 2014
Wife need not to get succession certificate for the establishment of her status as of the widow of the deceased employee as her name might have been part of the service record of the deceased.
P. Venu
(Expert) 11 October 2014
The wife can apply in the prescribed form for grant of family pension.
MUJAHID ANSARI
(Querist) 11 October 2014
Thank u all for ur valuable opinion. Sir i have already fill up the prescribed format duly signed and attached with relevant documents. Even an affidavit for no objection is also submitted to the office. But they are not agreeing with those formalities they are continuous asking for sucession certificate. Kindly guide me what process to be followed up in order to comply with the requirements
Guest
(Expert) 11 October 2014
Dear Author, Request them To Issue a Letter regarding their Demand by way of sending a Regd Post Letter.Basing on their Letter you could decide whether the matter is sorted out or Proceed for Succession Certificate thro a Local Advocate which could be done in 90 Working Days.
Sudhir Kumar, Advocate
(Expert) 12 October 2014
You are not clear the level upto which you have approached. Mere discussion with dealing clerk/supervisor is not sufficient.
your also not clear whether succession certificate is demanded in writing.
P. Venu
(Expert) 12 October 2014
Rule 77 & 78 of the CCS (Pension) Rules provides guidelines in this context:
77. Obtaining of claims for family pension and 2[death gratuity]
(1) Where the Head of Office has received an intimation about the death of a Government servant while in service, he shall ascertain whether any 2[death gratuity] or family pension or both is or are payable in respect of the deceased Government servant.
(2) (a) Where the family of the deceased Government servant is eligible for the 2[death gratuity] under Rule 50, the Head of Office shall ascertain -
(i) if the deceased Government servant had nominated any person or persons to receive the gratuity ; and
(ii) if the deceased Government servant had not made any nomination or the nomination made does not subsist, the person or persons to whom the gratuity may be payable.
(b) The Head of Office shall, then, address the person concerned in Form 10 or Form 11, as may be appropriate, for making a claim in Form 12.
(3) Where the family of the deceased Government servant is eligible under rule 54 for family pension, the Head of Office shall address the eligible member of the family or the guardian, as the case may be, in Form 13 for making claim in Form 14.
Provided that the guardian shall not be required to submit a claim in the said Form on behalf of a child if the child has attained the age of eighteen years and such child may himself or herself submit a claim in the said Form.
(4) Omitted
(5) If on the date of death, the Government servant was an allottee of Government accommodation, the Head of Office shall address the Directorate of Estates for the issue of "No Demand Certificate" in accordance with the provisions of sub-rule (1) of Rule 80-C.
78. Completion of Form 18
(1) (a) The Head of Office while taking action to obtain claim or claims from the family in accordance with the provisions of Rule 77 shall simultaneously undertake the completion of Form 18. The work shall be completed within one month of the date on which intimation regarding the date of death of the Government servant has been received.
(b) The Head of Office shall go through the service book of the deceased Government servant and satisfy himself as to whether certificates of verification of service for the entire service are recorded therein.
(c) If there are any periods of unverified service, the Head of Office shall accept the unverified portion of service as verified on the basis of the available entries in the service book. For this purpose the Head of Office may rely on any other relevant material to which he may have ready access. While accepting the unverified portion of service, the Head of Office shall ensure that service was continuous and was not forfeited on account of dismissal, removal or resignation from service, or for participation in strike.
(2) (a) For the purpose of determination of emoluments for family pension and 2[death gratuity], the Head of Office shall confine the verification of the correctness of emoluments for a maximum period of one year preceding the date of death of the Government servant.
(b) In case the Government servant was on extraordinary leave on the date of death, the correctness of the emoluments for a maximum period of one year which he drew preceding the date of the commencement of the extraordinary leave shall be verified.
(3) The process of determination of qualifying service and qualifying emoluments shall be completed within one month of the receipt of intimation regarding the date of death of the Government servant and the amount of family pension and death gratuity shall also be calculated accordingly.
Obviously, the office or the officials there are misguiding you. You may bring the matters to the notice of the higher authorities. You can also take up the issue with the Women's Commission.
MUJAHID ANSARI
(Querist) 12 October 2014
Thank u all for your valuable opinion Sir.
The deceased was the Madhya Pradesh State Govt. Employee. I have approached to Bottom Level i.e. Sub Divisional Officer and Executive Engineer of the Department.I got the letter from the department yesterday for the same. The hindi they had written on letter are "Saksham Adhikari ka Uttradhikari Praman Patra". Kindly guide me in this matter.
Sudhir Kumar, Advocate
(Expert) 12 October 2014
Mr Venu has reproduced rule position applicable in Central Govt.
But it will be helpful.
However state Govts have identical provision. You kindly look for identical provisions of MP Govt in market or net.
Sudhir Kumar, Advocate
(Expert) 12 October 2014
You can consult the following links:-
http://www.pension.mp.gov.in/
http://www.govemployees.in/mp-civil-services-commutation-of-pension-rules/
http://www.ebcwebstore.com/product_info.php?products_id=57447?book=M.P.PENSION%20RULES-HINDI
MUJAHID ANSARI
(Querist) 15 October 2014
Thanks to all the respected experts for your opinion.
Sir, the department are continuous asking for succession certificate. They had wrote another letter regarding the same. When i approached to Collectorate for issuance of succession certificate they had told that succession certificate would be issued only from Civil Court. Kindly guide me whether succession certificate issued from court only OR it can be issued by Collector or the Executive Engineer of the Department. Kindly guide me.
P. Venu
(Expert) 15 October 2014
Succession Certificate for movable court is issued by a civil court and that for immovable properties by the revenue authorities.
T. Kalaiselvan, Advocate
(Expert) 16 October 2014
Approach the local court with the help of an advocate and apply for succession certificate n the basis of the department's letter seeking the same.
MUJAHID ANSARI
(Querist) 20 November 2014
The Treasury Officer is troubling actually he want the sucession certificate. After talk to him, he says u have to bring succession certificate. The department had no issue regarding releasing of Family Pension. Department are saying they had said the Family Pension Form to Treasury for payment but the Treasury Officer had returned back quoting the same note "Saksham Aadhikari ka Uttaradhikari Praman Patra". Kindly guide me, now what is to be done
Sudhir Kumar, Advocate
(Expert) 21 November 2014
either bring succession certificate as desired by deptt or if their demand is unjustified then go to CAT.
