Payment of retirement gratuity and family pension to the family in case an official's/pensioner's whereabouts are not known
(12) Payment of retirement gratuity and family pension to the family in case an official's/pensioner's whereabouts are not known - further instructions. - Following certain doubts expressed by some Ministries/Departments in the application of O.M. No. 1/17/86-P. & P.W., dated the 29th August, 1986 [Decision (10) above], clarifications/further instructions regarding the formalities to be observed, regulation of payment of the benefits, etc., as contained in the following paragraphs, are circulated. 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 missing pensioners mutatis mutandis. 3. The date of disappearance of the employee/pensioner will be reckoned from the date the First Information Report is lodged with the Police, and the period of one year after which the benefits of family pension and gratuity are to be sanctioned will also be reckoned from this date. However, the benefits to be sanctioned to the family, etc., of the missing employee will be based on and regulated by the emoluments drawn by him and the rules/orders applicable to him as on the last date he/she was on duty including authorized periods of leave. "Family pension at normal/enhanced rates, as may be applicable in individual cases, will be payable to the families of missing employees." Family pension where sanctioned at pre-1-1-1986 rates will be revised and consolidated, w.e.f. 1-1-1986 in terms of O.M. No. 2/1/87-PIC I, dated 16-4-1987 (not printed), as amended from time to time. 4. In the case of missing pensioners, the family pension at the rates indicated in the PPO will be payable and may be authorized by the Head of the Office concerned. Where the PPO does not contain this information, the Head of Office will 1/30/2019 CHAPTER http://persmin.nic.in/pension/rules/pencomp7.htm#Amount%20of%20Pension 57/85 take necessary 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 not exceeding the amount which would have been payable as retirement gratuity if the person had retired. The difference between retirement gratuity and death gratuity shall be, subsequently, payable after the death is conclusively established or on the expiry of seven years period from the date of missing. 6. The indemnity bond to be obtained for this purpose from the family members, etc., will be in the formats enclosed with this Office Memorandum. Separate formats for use in the case of missing employees and missing pensioners have been prescribed. These formats have been finalized in consultation with the Department of Legal Affairs. 7. Cases already settled otherwise than in accordance with this Office Memorandum need not be re-opened, unless such a re-opening will be to the advantage of the beneficiaries. [G.I., Dept. of P. & P.W., O.M. No. 1/17/86-P. & P.W. (C), dated the 25th January, 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 .....................in the Ministry/Department/Office of ...........................is reported to have been missing since...........................(hereinafter) referred to as `missing Government servant') resident of ................(hereinafter called "the Obligor") and (d).................son/wife/daughter of Shri ..................... resident of ................... and .............................. son/wife/daughter of ........................... resident of .....................................the sureties for and on behalf of the Obligor (hereinafter called "the Sureties") are held firmly bound to the President of India (hereinafter called "the Government") in the sum of Rs..........................(in words) equivalent of the amount on account of payment of salary, leave encashment, GPF, Retirement/Death Gratuity and each and every sum being the monthly family pension well and truly to be paid to the Government, on demand and without a demur together with simple interest @ ........... % p.a. from the date of payment thereof until repayment for which payment we bind ourselves and our respective heirs, executors, administrators, legal representatives, successors and assigns by these presents. Signed this ......................... day of ............................. one thousand nine hundred and .......................... WHEREAS (c) ...................... was at the time of his disappearance in the employment of the Government receiving a pay at the rate of Rs...................... (in words) only per month from the Government. AND WHEREAS the said (c) ..................... disappeared on the .......................... day of ...................... 19........and there was due to him at the time of his disappearance the sum equivalent of (i) salary due (ii) leave encashment, (iii) GPF and (iv) Retirement/Death Gratuity. AND WHEREAS the Obligor is entitled to family pension at Rs............................(Rupees............................only) plus admissible dearness relief thereon. AND WHEREAS the Obligor has represented that he/she is entitled to the aforesaid sum and approached the Government for making payment thereof of avoid undue delay and hardship. AND WHEREAS the Government has agreed to make payment of the said sum of Rs...........................(in words) and monthly family pension @ Rs............................(in words) only and relief thereon to the Obligor upon the Obligor and the Sureties entering into a Bond in the above mentioned sum to indemnify the Government against all calims to the amount so due to the aforesaid missing Government servant. AND WHEREAS the Obligor and at his/her request the Surety/Sureties have agreed to execute the Bond in the terms and manner hereinafter contained. NOW THE CONDITION OF THIS BOND is such that if after payment has been made to the Obligor, the Obligor and/or the Surety/Sureties shall in the event of a claim being made, by any other person or the missing employee on appearance, against the Government 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 refund to the Government the said sum of Rs.........................(in words) and each and every sum paid by Government as monthly pension and relief together with simple interest @ ................. % per annum and shall, otherwise, indemnify and keep the Government harmless and indemnified against and from all liabilities in respect of the aforesaid sums and all costs incurred in consequence of the claim thereto THEN the above-written Bond or obligation 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 Surety/Sureties hereunder shall not be impaired or discharged by reason of time being granted by or any forbearance act or omission of the Government whether with or 1/30/2019 CHAPTER http://persmin.nic.in/pension/rules/pencomp7.htm#Amount%20of%20Pension 58/85 without the knowledge or consent of the Surety/Sureties in respect of or in relation to the obligations or conditions to be performed or discharged by the Obligor or by any other method or thing whatsoever which under the law relating to sureties would but for this provision shall have no effect of so releasing the Surety/Sureties from such liability nor shall it be necessary for the Government to sue the Obligor before suing the Surety/Sureties or either of them for 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 have set and subscribed their respective hands hereunto on the day, month and year above-written. Signed by the above-named `Obligor' in the presence of 1. ..................................................... 2. ..................................................... Signed by the above-named `Surety'/`Sureties' 1. ..................................................... 2. ..................................................... Accepted for and on behalf of the President of India by ......................................................................................................... ............................................................................................................................................................................................. [Name and designation of the Officer directed or authorized in pursuance of, Article 299 (1) of the Constitution, to accept the Bond for and on behalf of the President] in the presence of............................. ............................................................................................................................................................................................ (Name and designation of witness) NOTE I. - (a) Full name of the claimant referred to as the `Obligor'. (b) State relationship of the `Obligor' to the `missing Government servant'. (c) Name of the `missing Government servant'. (d) Full name or names of the Sureties with name or names of the father(s)/ husband(s) and place of residence. NOTE II. - The Obligor as well as the Sureties should have attained majority so that the bond may have legal effect or force. NOTE III. - The rate of simple interest will be as prescribed by the Government from time to time. It is 6% p.a. on the date of issue of the OM. 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 retired from the post of .................... in the Ministry/Department/Office of ....................... and who was in receipt of pension from ....................... is reported to have been missing since ..................... (hereinafter referred to as `missing pensioner' resident of .....................(hereinafter called "the Obligor") 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 of India (hereinafter called "the Government") in each and every sum being the arrears of pension and monthly family pension and relief thereon well and truly to be paid to the Government, on demand and without a demur together with simple interest at the rate of ...................... % per annum from the date of payment until repayment for which payment we bind ourselves and our respective heirs, executors, administrators, legal representatives, successors and assigns by these presents. Signed this .................................. day of ................................ one thousand nine hundred and .......................................... WHEREAS (c) ......................... was at the time of his disappearance a Central Government pensioner receiving a pension at the rate of Rs....................................(in words) only per month and relief thereon from the Government. AND WHEREAS the said (c) ........................ disappeared on the ....................... day of .................... 19............. and there was due to him at the time of his disappearance the sum equivalent of arrears of pension due. 1/30/2019 CHAPTER http://persmin.nic.in/pension/rules/pencomp7.htm#Amount%20of%20Pension 59/85 AND WHEREAS the Obligor is entitled to family pension at Rs............................. (Rupees .............................. only) plus admissible dearness relief thereon. AND WHEREAS the Obligor has represented that he/she is entitled to the aforesaid sum and approached the Government for making payment thereof to avoid undue delay and hardship. AND WHEREAS the Government has agreed to make payment of the said sum of Rs......................(in words) and the monthly family pension at Rs................................(in words) plus relief thereon to the Obligor upon the Obligor and the Sureties entering into a Bond in the above-mentioned sum to indemnify the Government against all claims to the amount so due to the aforesaid missing Government pensioner. AND WHEREAS the Obligor and at his/her request the Surety/Sureties have agreed to execute the Bond in the terms and manner hereinafter contained. NOW THE CONDITION OF THIS BOND is such that if after payment has been made to the Obligor, the Obligor and/or the Surety/Sureties shall in the event of a claim being made, by any other person or the missing pensioner on appearance, against the Government with respect to the aforesaid sum of Rs.........................(in words) and the sums paid by the Government as monthly family pension and relief as aforesaid then refund to the Government the said sum of Rs..........................(in words) and each and every sum paid by Government as monthly family pension and relief together with simple interest @...........% per annum and shall, otherwise, indemnify and keep the Government harmless and indemnified against and from all liabilities in respect of the aforesaid sums and all costs incurred in consequence of the claim thereto THEN the above-written Bond or obligation 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 Surety/Sureties hereunder shall not be impaired or discharged by reason or time being granted by or any forbearance act or omission of the Government whether with or without the knowledge or consent of the Surety/Sureties in respect of or in relation to the obligation or conditions to be performed or discharged by the Obligor or by any other method or thing whatsoever which under the law relating to sureties would but for this provision shall have no effect of so releasing the Surety/Sureties from such liability nor shall it be necessary for the Government to sue the Obligor before suing the Surety/Sureties or either of them for 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 have set and subscribed their respective hands hereunto on the day, month and year above-written. Signed by the above-named `Obligor' in the presence of 1. ..................................................... 2. ..................................................... Signed by the above-named `Surety'/`Sureties' 1. ..................................................... 2. ..................................................... Accepted for and on behalf of the President of India by ......................................................................................................... ............................................................................................................................................................................................. [Name and designation of the Officer directed or authorized in pursuance of, Article 299 (1) of the Constitution, to accept the Bond for and on behalf of the President] in the presence of............................. ............................................................................................................................................................................................ (Name and designation of witness) NOTE I. - (a) Full name of the claimant referred to as the `Obligor'. (b) State relationship of the `Obligor' to the `missing pensioner'. (c) Name of the `missing pensioner'. (d) Full name or names of the Sureties with name or names of the father(s)/ husband(s) and place of residence. NOTE II. - The Obligor as well as the Sureties should have attained majority so that the bond may have legal effect or force. NOTE III. - The rate of simple interest will be as prescribed by the Government from time to time. It is 6% p.a. on 1/30/2019 CHAPTER http://persmin.nic.in/pension/rules/pencomp7.htm#Amount%20of%20Pension 60/85 the date of issue of the OM