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KSRs Part III, Chap.V, Section IV, R.66 to 70; Death-cum-retirement Gratuity PDF Print E-mail
Friday, 29 February 2008 19:03

CHAPTER   V


SECTION IV – R.66 to 70; Death-cum-retirement Gratuity

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Rule              Remarks    
66 

An employee who has completed five years of qualifying service may be granted additional gratuity not exceeding the amount specified in Rule 68 below, when he retires from service, and is eligible for a gratuity or pension under Section III.

 
67 

If an employee who has completed five years of qualifying service dies while in service, a gratuity not exceeding the amount specified in rule 68 below may be paid to the person or persons on whom the right to receive the gratuity is conferred under Section V or, if there is no such person, to the surviving members of the family as defined in Rule 71 in the manner indicated below:

 

 (i)

If there are one or more surviving members of the family as in items (a), (b), (c) and (d) of Rule 71,  it may be paid to all such members, other than any such member who is a *divorced / widowed daughter in equal shares.

 *[G.O(P)387/67/Fin., dated 29th August 1967]

 (ii) 

If there are no such surviving members of the family as at (i) above, but there are one or more surviving *divorced / widowed daughters and / or one or more surviving members of the family as in items (e), (f), (g), (h) and (i) of Rule 71, it may be paid to all such members in equal shares.

  *[G.O.(P)387/67/Fin., dated 29th August 1967]

 

 **(iii) 

In the absence of any surviving eligible member of the family as defined in rule 71, death-cum-retirement gratuity shall be paid to eligible legal heirs in equal shares on production of a succession certificate from a Court of Law. 

**[G.O(P)301/85/Fin., dated 29th May 1985] 

 Note 1  

The eligibility of a person to receive, the amount or share of death-cum-retirement gratuity should be determined with reference to the facts as they stand on the date of death of the Government employee and any subsequent event (e.g. remarriage of widow, marriage of an unmarried daughter, sister, etc.) will not affect that entitlement.  If, however, a person who was entitled to receive the death-cum-retirement gratuity on the date of the death of Government employee dies before getting payment, the amount or share of gratuity should be redistributed in the manner indicated below:- 

 
  (a)

In case of ‘no nomination` the amount of share of the gratuity admissible to the person concerned should be distributed  in equal shares among the surviving eligible members of the family of the deceased Government employee’. 

 
  (b) 

If the person concerned was a nominee, the right to the amount or share of death-cum-retirement gratuity will pass on to the alternate nominee or nominees.  In case there is no alternate nominee the amount or share of gratuity should be  paid in equal shares to the co-nominees of the person concerned, if any, and failing that it should be distributed in equal shares among the surviving eligible members of the family of the deceased Government employee as in (a) above. 

 
 *Note 2 

Death-cum-retirement gratuity due to a Government servant who dies after retirement shall be paid to the members of the family in the same manner as laid down in this rule, provided the eligibility of a person to receive the amount in full or a share thereof should be determined with reference to the facts as they stand on the date of retirement. 

 *Insertion G.O(P)147/85/Fin., dated 12/3/1985.

 Note 3 

The after born child of deceased employee is also eligible to get his/her share of Death-cum-Retirement gratuity.

 
 

GOVERNMENT DECISION 

 

 
 

It has been brought to the notice of the Government that delay  is caused in the payment of the share of death-cum-retirement gratuity due to a major surviving member of the family of the deceased employee where, in the absence of valid nomination, one major member of the family authorises another to receive the share due to him.  The share due to one gratuitant can be disbursed to another gratuitant according to the wishes of the former, so long as he is not actually relinquishing his right to a share of gratuity, but only authorising another member or members to receive payment on his behalf.  It has been decided that in case where a gratuitant desires another gratuitant to receive his share on his behalf, a power of attorney in the accompanying form given below should be insisted upon from the former.  The power of attorney   need not be registered in such cases, but may be got attested by the Tahasildar concerned as required by law.  All pension sanctioning authorities are requested to follow the above procedure in future. 

 
 

“Be it known that I …………………….son of ……………………. occupation …………….….resident  of …………………….and …………………..son of …………………..occupation………………….Resident of ………………..etc., do hereby appoint Shri./Smt……………………………son / daughter of ……………………..occupation………………….Resident of ……………….my/our attorney in my name and on my behalf to collect all the amounts as may appear to be due to me from the Government of Kerala towards  share of ………………….(H.E. details of fund whether Gratuity etc.) payable in respect of late Shri………………………..(H.E. address of the deceased Government employee) and to realize and receive the same and give receipt for that amount and generally to do all that may be necessary for the said purpose.

 
 

AND hereby agree that all acts, deeds and things lawfully done by my said attorney shall be constructed as acts, deeds and things done by me and I undertake to ratify and confirm all and whatsoever that my said attorney shall lawfully do or come to be done for me by virtue of the power here by given.

 
 

In witness whereof I …………………..have signed the power of attorney on …………………in the presence of witness hereinafter mentioned.

 
 

 

Executant (s)………………

 
 

Witnesses:-

 

 
68 

The amount of gratuity will be one half of the “emoluments” of an employee for each completed year of qualifying service subject to a maximum of 15 times the “emoluments”.  In the case of invalid pension or in the event of death of an employee while in service, the gratuity will be subject to a minimum of 12 times the emoluments of the employee last drawn.  The maximum amount of gratuity under this rule will, however, be limited to Rs.2.80 lakhs*. 

* [G.O.(P)29/06/Fin     dt.19-1-2006]

w.e.f. 1-3-97

 
 

The family of employees who die before completing 5 years qualifying service will also be eligible for a gratuity equal to 6 times the emoluments of the officer at the time of his death except in cases in which death occurs in the first year of service when the gratuity admissible will be equal to two months’ emoluments. 

 
69 

If an employee who has become eligible for a pension or gratuity under Section III dies after he has retired from service, and the sums actually received by him at the time of death on account of such gratuity or pension together with the gratuity granted under Rule 66 are less than an amount equal to 12 times his ‘emoluments’ a gratuity equal to the deficiency may be granted to the person or persons specified in Rule 67.  This benefit will not be admissible if the employee had commuted a portion of his pension before  death.  (Vide Rules in Appendix  X)

 
 

RULING

 
 

The expression “sums actually received” occurring in Rule 69 has been used to indicate that all the amounts received by the employee by way of pension or gratuity should be taken into account and, accordingly, in addition to  pension and gratuity drawn by the deceased employee, the temporary increase in pension should also be taken  into consideration for determining the amount of residuary gratuity payable under Rule 69.

 
70 

The ‘emoluments’ for the purpose of the section will be reckoned in accordance with Rule 62 provided that if the emoluments of an employee have been reduced during the last twelve months of his service otherwise than as a penalty, ‘Average emoluments’ as defined in Rule 63 may at the discretion of the authority which has power to sanction the gratuity under this section, be treated as the ‘emoluments’.

 
  

 

   
   

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Last Updated on Friday, 25 April 2008 17:24