10) Payment of retirement gratuity and family pension to the family, in case an official's whereabouts are not known.

(10) Payment of retirement gratuity and family pension to the family, in case an official's whereabouts are not known. 1. A number of cases are referred to this Department for grant of family pension to the eligible family members of employees who have suddenly disappeared and whose whereabouts are not known. At present all such cases are 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 be deemed to be dead and the retirement benefits cannot be paid to the family. This principle is based on Section 108 of the Indian evidence act which provides that when the question is whether the man is alive or dead and it is proved that he has not been heard of for 7 years by those who would naturally have heard of him if he had been alive, the burden of proving 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 of the benefits due to the family has been causing a great deal of hardship. It has been decided that (i) when an employee disappears leaving his family, the family can be paid in the first instance the amount of salary due, leave encashment due and the amount of GPF having regard to the nomination made by the employee, (ii) after the elapse of a period of one year, other benefits like retirement or death gratuity/family pension may also be granted to the family subject to the fulfillment of conditions prescribed in the succeeding paragraphs. 3. The above benefits may be sanctioned by the administrative ministry/department after observing the following formalities:- (i) The family must lodge a report with the concerned police station and obtain a report that the 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 all payments will be adjusted against the payment due to the employee in case he appears on the scene and makes any claim. 4. The head of office will assess all government dues outstanding against the government servant and effect their recovery in accordance with rule 71 of CCS (pension) rules, 1972 and other instructions in force for effecting recovery of government dues. 5. The family can apply to the head of the office of the government servant for grant of family pension and death/retirement gratuity, after one year from the date of disappearance of the government servant in accordance with the prescribed procedure for sanction of family pension and death/retirement gratuity. In case the disbursement of death/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. of P.&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 circumstances and 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 government employee being acquitted by the court of law or after the conclusion of the disciplinary proceedings, etc. as the case may be. [G.I., Dept. of Posts, Circular Letter No. 4-52/86-Pen, dated the 3rd March, 1989.]