Payment of Gratuity on death of a Government servant under Central Civil Services (Pension) Rules, 2021: DoP&PW OM dated 11.10.2022
No. – 28/91/2022 -P&PW(B)/8331
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Pension and Pensioners’ Welfare
3rd Floor. Lok Nayak Bhavan, Khan Market,
New Delhi, Dated the 11th October, 2022
OFFICE MEMORANDUM
Subject: Payment of Gratuity on death of a Government servant under Central Civil Services (Pension) Rules, 2021-reg.
The undersigned is directed to say that Department of Pension and Pensioners Welfare has notified the Central Civil Services (Pension) Rules, 2021 in supersession of the Central Civil Service (Pension) Rules, 1972. Rule 47 of the Central Civil Services (Pension) Rules, 2021 deals with payment of gratuity in the event of death of a Government servant.
2. In accordance with Rule 47(1)(5) read with the Explanation below Rule 45 on death of a Government servant, the gratuity shall be paid to the person or persons on whom the right to receive the gratuity is conferred by means of a nomination. In case there is no such nomination or if the nomination made does not subsist, the gratuity shall be paid to all surviving members of the family falling in the following categories, in equal shares:
(i) wife or wives including judicially separated wife or wives in the case of a male Government servant:
(ii) husband, including judicially separated husband in the ease of a female Government servant
(iii) sons including stepsons and adapted sons;
(iv) unmarried daughters including stepdaughters and adopted daughters;
(v) widowed or divorced daughters including stepdaughters and adopted daughters;
If there are no such surviving members of the family as mentioned above, the gratuity shall bc paid to all surviving members of the family falling in the following categories, in equal shares :
(vi) Father including adoptive parents in the ease of individuals whose personal law permits adoption;
(vii) mother including adoptive parents in the ease of individuals whose personal law permits adoption;
(viii) brothers including stepbrothers who are suffering from any disorder or disability of mind including the mentally retarded or physically crippled or disabled without any limit of age and brothers, including stepbrothers, below the age of eighteen years, in other cases.
(ix) unmarried sisters, widowed sisters and divorced sisters including stepsisters;
(x) married daughters;
(xi) children of a pre-deceased son.
3. The above provisions also apply in cases where a Government servant dies after retirement without receiving the retirement gratuity.
4, If a Government servant dies while in service or after retirement without receiving the amount of gratuity and leaves behind no family and (a) has made no nomination, or (b) the nomination made by him does not subsist, the amount of retirement gratuity or death gratuity shall lapse to the Government. However, the amount of death gratuity or retirement gratuity may be paid to the person in whose favour a Succession Certificate in respect of the gratuity in question has been granted by a Court of Law.
5. All Ministries/Departments are requested that the above provisions regarding payment of Gratuity on death of a Government servant under Central Civil Services (Pension) Rules. 2021 may be brought to the notice of the personnel dealing with the pensionary benefits in the Ministry/Department and attached/subordinate offices thereunder, for strict implementation.
(S. Chkrabarti)
Under Secretary to the Govt. of India
To
All Ministries/Departments/Organisations.
(As per standard list)
COMMENTS