Facts on grant of Retirement gratuity and death gratuity for Central Government civil employees
1. The Central Government civil employees who joined service on or before 31.12.2003 are granted benefit of Retirement Gratuity / Death gratuity under the provisions of Central Civil Services (Pension) Rules, 1972.
2. The benefit of retirement gratuity and
death gratuity have also been extended to Central Government employees joined
service on or after 01.01.2004 and covered under National Pension System vide
this Department’s OM No. 7/5/2012-P&PW(F/B) dated 26.08.2016 on the same
terms and conditions as are applicable under CCS(Pension) Rules, 1972.
3. As per rule 50 (1) (a) of CCS(Pension)
Rules, a Government servant, who has completed
five years' qualifying service and has become eligible for service gratuity or
pension under Rule 49,
shall, on his retirement, be granted retirement gratuity equal to
one-fourth of his emoluments for each completed six monthly period of
qualifying service, subject to a maximum of 16½ times the emoluments.
4. As per rule 50(1) (b) of CCS(Pension)
Rules, if a Government servant dies while in service, the death gratuity shall
be paid to his family in the manner indicated in sub-rule (1) of Rule 51
at the rates given in the Table below, namely:-
|
Qualifying Service |
Rate |
|
Less than one year |
2 times of emoluments |
|
One year or more but less
than 5 years |
6 times of emoluments |
|
5 years or more but less
than 11 years |
12 times of emoluments |
|
11 years or more but less
than 20 years |
20 times of emoluments |
|
20 years or more |
Half of emoluments for every
completed 6 monthly period of qualifying service subject to a maximum of 33
times of emoluments. |
5. The amount of retirement
gratuity or death gratuity payable under CCS (Pension) Rules shall in no case
exceed twenty lakh rupees.
6. The expression `emoluments'
means basic pay as defined in Rule 9 (21) (a) (i) of the Fundamental Rules
which a Government servant was receiving immediately before his retirement or
on the date of his death ; and will also include non-practising allowance
granted to medical officer in lieu of private practice.
7. Provided
that if the emoluments of a Government servant have been reduced during the
last ten months of his service otherwise than as a penalty, average emoluments determined
with reference to the emoluments drawn by a Government servant during the last
ten months of his service shall be
treated as emolument.
8. The dearness allowance admissible on the date of retirement
or death as the case may be, shall also be treated as emoluments for the
purpose of grant of gratuity.
9. For the purposes of grant of gratuity,
‘family', in relation to a Government servant, means -
|
(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 case of a female Government
servant, |
|
|
(iii) |
sons
including stepsons and adopted sons, |
|
|
(iv) |
unmarried
daughters including stepdaughters and adopted daughters, |
|
|
(v) |
widowed
daughters including stepdaughters and adopted daughters, |
|
|
(vi) |
father, |
including
adoptive parents in the case of individuals whose personal law permits
adoption, |
|
(vii) |
mother, |
including
adoptive parents in the case of individuals whose personal law permits
adoption, |
|
(viii) |
brothers
below the age of eighteen years including stepbrothers, |
|
|
(ix) |
unmarried
sisters and widowed sisters including stepsisters, |
|
|
(x) |
married
daughters, and |
|
|
(xi) |
children
of a pre-deceased son. |
|
10. A Government servant shall, on his
initial confirmation in a service or post, make a nomination in common
nomination form,
conferring on one or more persons the right to receive the retirement
gratuity/death gratuity payable under these rules :
Provided that if at the time of making the nomination –
(i)
the
Government servant has a family, the nomination shall not be in favour of any
person or persons other than the members of his family ; or
(ii)
the
Government servant has no family, the nomination may be made in favour of a
person or persons, or a body of individuals, whether incorporated or not.
11. The nomination made by a Government servant who has no family
at the time of making it, shall become
invalid in the event of the Government servant subsequently acquiring a family.
12. A
Government servant may, at any time, cancel a nomination by sending a notice in
writing to the Head of Office. He shall, along with such notice, also send a
fresh nomination.
13. 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.
14. If there
is no such nomination or if the nomination made does not subsist, the gratuity
shall be paid to the family members in the manner indicated in Rule 51 (b) of these rules in equal shares.
15.
Where a government servant dies while in service or after retirement
without receiving the amount of gratuity and
leaves behind no family and has made no nomination or the nomination made by
him does not subsists amount of death gratuity / retirement gratuity shall
be payable to the person in whose favour a succession certificate in respect of
the gratuity in question has been granted by a court of law.
16. There is a provision under Rule 68 of
CCS(Pension) Rules for payment of interest on delayed payment of gratuity in
all cases where the payment of gratuity has been
authorised later than the date when its payment becomes due, including the
cases of retirement otherwise than on superannuation, and it is clearly
established that the delay in payment was attributable to administrative
reasons or lapses,
17. Every
case of delayed payment of gratuity shall be considered by the Secretary of the
Administrative Ministry or the Department in respect of its employees and the
employees of its attached and subordinate offices and where the Secretary of
the Ministry or the Department is satisfied that the delay in the payment of
gratuity was caused on account of administrative reasons or lapse, the
Secretary of the Ministry or the Department shall sanction payment of interest.
18. Interest
shall be paid at the rate applicable to General Provident Fund amount in
accordance with the instructions issued from time to time:
19. Interest shall be paid where payment of retirement gratuity has been
delayed beyond three months from the date of retirement.
20. In
the cases where the payment of gratuity is delayed beyond six months from the
date of retirement other than superannuation, interest should be paid for the
period of delay beyond six months from the date of retirement.
21.
where the payment of death gratuity is delayed beyond six months from the date
of death, interest should be paid for the period of delay beyond six months
from the date of death. If in 22 any
case the payment of death gratuity is held up on account of more than one
claimant staking his/her claim to the same, such cases will not automatically
qualify for payment of interest in terms of these orders. These will be
examined separately in consultation with this Department on the merits of each.
23 if the payment on account of arrears of
gratuity is delayed beyond a period of three months from the date of issue of
the orders revising the emoluments or liberalisation in the rules, interest may
be allowed for the delay beyond the period of three months from the date of
issue of the said orders.
24 As per rule 9 of CCS (Pension) Rules,
1972, the President reserves to himself the right of withholding a pension or
gratuity, or both, either in full or in part, or withdrawing a pension in full
or in part, whether permanently or for a specified period, and of ordering
recovery from a pension or gratuity of the whole or part of any pecuniary loss
caused to the Government, if, in any departmental or judicial proceedings, the
pensioner is found guilty of grave misconduct or negligence during the period
of service, including service rendered upon re-employment after retirement.
25. As per rule 69 of CCS (Pension) Rules, no
gratuity shall be paid to the Government servant until the conclusion of the
departmental or judicial proceedings and issue of final orders thereon :
Provided
that where departmental proceedings have been instituted under Rule 16 of the
Central Civil Services (Classification, Control and Appeal) Rules, 1965, for
imposing any of the penalties specified in Clauses (i), (ii) and (iv) of Rule
11 of the said rules, the payment of gratuity shall be authorized to be paid to
the Government servant.
26. Interest on delayed payment of retirement
gratuity would be paid in case of Government servants against whom
disciplinary/judicial proceedings are pending on the date of retirement and in
which gratuity is withheld till the conclusion of the proceedings, as
under :-
(a) In
such cases, if the Government servant is exonerated of all charges and where
the gratuity is paid on the conclusion of such proceedings, the payment of
gratuity will be deemed to have fallen due on the date following the date of
retirement. If the payment of gratuity has been authorized after three
months from the date of his retirement interest may be allowed beyond the
period of three months from the date of retirement.
(b) In cases where the disciplinary/judicial
proceedings are dropped on account of the death of the Government servant
during the pendency of disciplinary/judicial proceedings, the payment of
gratuity will be deemed to have fallen due on the date following the date of
death and if the payment of gratuity has been delayed, interest may be allowed
for the period of delay beyond three months from the date of death.
(c) In cases where the Government servant is not
fully exonerated on the conclusion of disciplinary/judicial proceedings and
where the competent authority decides to allow payment of gratuity, in such
cases, the payment of gratuity will be deemed to have fallen due on the date of
issue of orders by the competent authority for payment of gratuity, if the payment of gratuity is delayed in such cases
interest will be payable for the period of delay beyond three months from the
date of issue of the above-mentioned orders by the competent authority.
***
Can dependent mother can get share in deceased son's gratuity even if Son's widow is alive
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